Howell’s position

 

 

 

 

Prosecutors often possess unfettered discretion in making charging decisions. The prosecutor’s essential duty is to ensure that charging decisions are based upon the existence of probable cause. However, some would expand the prosecutor’s duty to matters surrounding social justice. In fact, K. Babe Howell suggests that prosecutors have a duty to seek justice and to decline prosecution when prosecuting would result in social inequities. Present an argument in favor of and against Howell’s position. Make sure to include case reference(s) to explain your position.

 

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