TY  - JOUR
PY  - 2008//
TI  - Beyond Discretion: Prosecution, the Logic of Sovereignty, and the Limits of Law
JO  - Law and social inquiry
A1  - Sarat, Austin
A1  - Clarke, Conor
SP  - 387
EP  - 416
VL  - 33
IS  - 2
N2  - 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.<p /> 
LA  - 
SN  - 0897-6546
UR  - http://dx.doi.org/10.1111/j.1747-4469.2008.00107.x
ID  - ref1
ER  -