Guest Post by Chuck Bedard Lakewood citizens are becoming increasingly frustrated over the amount of shoplifting, vandalism, and “less important” crimes that are not being pursued by the police. And rightfully so! Not long ago, my wife and I watched a man, pushing a shopping cart full of items at Home Depot, breeze through the self-checkout area – bypassing the opportunity to pay for the items – and head to the parking lot. We looked at the cashier/attendant with stunned expressions on our faces, as we watched the Home Depot personnel do nothing. Her response was, “The police won’t do anything, so we just let them go.” For a fleeting moment, I thought about canceling my purchase and just loading the items in the cart and heading to my car… Remember, I said “for a fleeting moment.” I wonder if I would have been treated in the same manner as the thief who had the shopping cart full of items. Chances are good that Home Depot would have alerted the police if I tried to steal the same merchandise. If I had been pursued by the police and the other person wasn’t, it would be a case of “Selective Prosecution.” Selective prosecution should be distinguished from “Prosecutorial Discretion.” Historically, prosecutors have had broad discretion to pursue those cases where the facts support a conviction and elect not to pursue matters where the facts are less clear. However, as we read the news the lines between “Prosecutorial Discretion” and “Selective Prosecution” ...
