Citation

Sarat A, Clarke C. Law Soc. Inq. 2008; 33(2): 387-416.

Copyright

(Copyright © 2008, American Bar Foundation, Publisher John Wiley and Sons)

DOI

10.1111/j.1747-4469.2008.00107.x

PMID

unavailable

Abstract

Today it is widely recognized in both academic literature and the mainstream media that prosecutors have substantial discretion. Yet prosecutorial decisions involve, in our view, something more than a straightforward exercise of discretion. In this article we move from the language of discretion to that of sovereignty to describe prosecutorial power. In so doing we want to move from the language of administration to the language of power. Focusing on the decision not to prosecute, we argue that prosecutorial decisions participate in, and exemplify, the logic of sovereignty and its complex relationship to legality.