Four district attorneys in Georgia are asking a judge to strike down a law creating a commission to discipline and remove prosecutors, arguing it violates the U.S. and Georgia constitutions.
“As the progressive prosecution movement gained national prominence, I think it was an easy target for folks on the right, especially once there was an uptick in certain crimes in certain cities,” Hessick said.
They say the law oversteps by requiring district attorneys to review every single case on its individual merits. Instead, district attorneys argue they should be able to continue policies rejecting prosecution of whole categories of crimes. The lawsuit says the state law will force district attorneys to consider crimes such as adultery, sodomy and fornication. Adams, for example, said that after the law took effect July 1, he revoked his policy requiring magistrates to reject adultery charges.
Josh Rosenthal of the Public Rights Project, says the threat of sanctions creates “a one-way preference for always saying yes, the answer is to prosecute or is to prosecute more, regardless of the severity” of a crime.
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