CrimLaw

10 December 2007

The Pot Rebellion: Governor Calls on DA to Enforce the Law

[Governor] Douglas said [State's Attorney] Sand had a blanket policy of sending all marijuana cases to the court diversion program, which if successfully completed will result in no criminal record for the defendant.

"The essence of prosecutorial discretion is making a decision based on the facts of an individual case. But when you say I have a blanket policy, I don't care what the facts are, this is how this is going to be treated, that's not an exercise of discretion," Douglas said.
Ken Lammers on 12/10/2007
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