AUGUST 25 20101. Don Siegelman and the Evil of a Political Prosecution
............................................................................................................
1. Don Siegelman and the Evil of a Political
Prosecution
By Roger Shuler of Legal Schnauzer
The Siegelman/Scrushy case might eventually come down to this: Is it
more important that we protect the of concept of prosecutorial
discretion or that we protect individuals from abusive prosecutions?
One is a legal doctrine created by the legal profession; the other is a
constitutional guarantee. Which is more important?
More than 100 years ago, the U.S. Supreme Court warned about the
dangers of rogue prosecutors who use their powers for improper
reasons. In Yick Wo v. Hopkins, 118 U.S. 356 (1886), the court wrote:
Though the law itself be fair on its face, and impartial in
appearance, yet, if it is applied with an evil eye and an unequal
hand, so as practically to make unjust and illegal
discriminations between persons in similar circumstances,
material to their rights, the denial of equal justice is still within
the prohibition of the constitution.
Do we still take that warning seriously? Do we still take the Due
Process Clause seriously?
The outcome of the Siegelman case will tell us.
<source>
..................................................................................................................................................
| __________________________________________________________________________________________ Sponsored by Friends of Don Siegelman 2007 <feedback>________________________________________________________________________________ __________ |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |  |  |  |  |  |
 |  |  |  |  |  |
In accordance with Title 17 U.S.C. Section 107, this material is posted without profit for those who have expressed interest in this
information for research and educational purposes. DonSiegleman.org has no affiliation whatsoever with the originators of these
articles nor is DonSiegleman.org endorsed or sponsored by the originator(s).
"Go to ..." and "more" links are provided as a convenience to our readers and allow for verification of authenticity. However, as
originating pages are often updated by their originating host sites, the versions posted on this site may not match the versions our
readers view when clicking the "Go to Original" links.
information for research and educational purposes. DonSiegleman.org has no affiliation whatsoever with the originators of these
articles nor is DonSiegleman.org endorsed or sponsored by the originator(s).
"Go to ..." and "more" links are provided as a convenience to our readers and allow for verification of authenticity. However, as
originating pages are often updated by their originating host sites, the versions posted on this site may not match the versions our
readers view when clicking the "Go to Original" links.
.........................................................................
 |  |  |  |  |  |  |  |  |