DEFIANT DISSENT: Voluntary prosecution and the case of animal rescue
JUSTIN MARCEAU, ET AL: The impacts of voluntary prosecution are canonical in American history, from the women’s suffrage movement to the civil rights movement... They can reverse the traditional accountability rationale of the criminal law, which counsels, “Don’t do the crime, if you can’t do the time.” If the public views the charges (or even the criminal statute itself) as unjust or unlawful, then accountability may come, but in the form of a backlash against the legal system. The prosecutor, the judge, and even the law itself will be held to account when the injustice of a prosecution —…