There Oughtta Be Fewer Laws

Some thoughts on the potential (and often actual) tyranny of prosecutorial discretion:

“If the prosecutor is obliged to choose his cases, it follows he can choose his defendants. This method results in “the most dangerous power of the prosecutor: that he will pick people he thinks he should get, rather than pick cases that need to be prosecuted.” Prosecutors could easily fall prey to the temptation of ‘picking the man, and then searching the law books …to pin some offense on him.’ In short, prosecutors’ discretion to charge — or not to charge — individuals with crimes is a tremendous power, amplified by the large number of laws on the books.

As Glenn often says, we need to take away sovereign immunity from these people.

[Update a few minutes later]

Speaking of the injustice of law enforcement, some thoughts on civil forfeiture, in which someone can be deprived of their property without a trial.