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Hofstra Law Review

Authors

Gary Rotenberg

Abstract

Virtually every public prosecutor or district attorney in the United States has wide-ranging discretion in the investigation and prosecution of criminal offenses. The subject office of this article, the New York County District Attorney's Office, is little different in this regard.

This comment will explore the philosophical and legal bases for prosecutorial discretion. It will focus on the actual operation of the New York County District Attorney's Office with regard to the exercise of discretion, and on suggestions for reform. The discussion will concentrate neither on the various equal protection arguments made against the abuses of discretion, nor on the assorted claims of prosecutorial discrimination in the exercise of discretion.

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