Prosecutorial discretion gives criminals 3 attempts before law kicks in
CNSNews.com) - Senator Patrick
Leahy (D-Vt) admitted Wednesday that under the Senate immigration bill,
forging up to two passports is not a crime, adding that the bill leaves
the decision whether to charge someone with passport fraud up to the
discretion of prosecutors.
On Capitol Hill on Wednesday,
CNSNews.com asked Leahy, "One of the provisions has to do with
passports, that’s an important component. Do you know how many passports
someone is able to forge before it’s a crime?”
Leahy said, "Well, it depends upon which interpretation is being
used. You could have one form which is two, but then there are other
criminal conduct that would be involved with that.""Cause you give prosecutors a certain amount of discretion, you have two or three different crimes you have committed, so then it's [up to] prosecutorial discretion which one they will charge. I mean, I spent eight years as a prosecutor. One of things you learn [is] the importance of that."
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