In Huffington Post column, Prof. Gershman asks if it is prosecutorial “discretion” or “nullification”?

In his latest “Huffington Post” column, Professor Bennett Gershman explores prosecutorial discretion. Focusing on the recent comment made by Attorney General Eric Holder that state attorneys general do not have to defend unjust laws, Professor Gershman examines when such positions have been taken in the past and whether it constitutes prosecutorial “discretion” or “nullification.”

“Although a seemingly isolated event in the fierce political battle over gay rights, Holder’s declaration that prosecutors, in effect, should not defend unjust laws is a perfectly rational application of the doctrine of prosecutorial discretion, and accords with acceptable standards governing a prosecutor’s exercise of discretion,” writes Professor Gershman.

To read the column, click here.

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