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Jacob Becker /

The Dangers of Prosecutorial Nullification

Choosing to ignore entire categories of crimes or criminals is a threat to the separation of powers.
New York City Officials Announce New Arrest In Club Drugging Deaths
Manhattan District Attorney Alvin Bragg after a press conference on April 18, 2023 in New York City. (Photo by Michael M. Santiago/Getty Images)

Upon taking office as the 37th District Attorney for New York County (Manhattan), Alvin Bragg wasted no time signaling his agenda. His famous “Day One” memorandum laid out new policies and procedures governing the prosecution of crimes. It declared Manhattan’s prosecutors would not enforce several provisions of the New York Penal Code and, in some cases, would charge defendants with lesser crimes when the evidence supported a more severe charge, subject to harsher sentencing.

Jacob Becker currently serves as assistant general counsel for the Texas A&M University System. He holds a J.D. from Southern Methodist University, where he previously served as assistant general counsel.

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