Discretion, responsibility, and corruption

Professor Reynolds has published a short paper about the problem of too many laws — Ham Sandwich Nation: Due Process When Everything is a Crime.

It used to be that the Grand Jury was a bulwark against prosecutorial over-reach but a longstanding aphorism is that a good prosecutor can convince a grand jury to indict a ham sandwich. The accused is at risk and the accuser has very little to lose. That is not a good balance.

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