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Whether something is evil "selective enforcement" or good "prosecutorial discretion" really does seem to depend on the optics of the case, doesn't it?


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Definitely, there is no such thing as an objective truth when it comes to things such as these. But it is possible to reduce the chances of abuse of selective enforcement and prosecutorial discretion by passing laws that are as transparent as possible and by having little to no career effects as a result of such selective enforcement if and when they take place.

Otherwise you make a law for Al Capone and you end up prosecuting Aaron Swartz.


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