Every lawyer and legal scholar in Bermuda, including me, and - TopicsExpress

Every lawyer and legal scholar in Bermuda, including me, and especially the PLPs former Att-Gen and our current one, should be slapping themselves upside the head right now, for an epic legal DUH! moment. Our entire caution policy for cannabis is based on a legal fallacy which for some reason no one has noticed before. It is utter legal hocus-pocus abracadabra slight-of-hand, but is a total legal lie. It is 100% wrong in law. The legal fallacy is that the policy /says/ that amounts over a certain mass (what is it 2.5 grams? 3?) are not eligible for DPP or police discretion to not prosecute. That is utter fallacy, pure poppycock. Even if Parliament herself ordered, via statute, that cautions or other discretionary non-criminal options were not available for offences over a certain size, every single police decision-maker and prosecutor, at all times, has utter discretion not to investigate or not to prosecute any crime or suspected crime, unless expressly ordered by a direct supervisor (and they can still refuse, though it might cost a job or promotion). In practice, law enforcement discretion may only be limited in favour of the citizen, and not against him. The reason that all law enforcement have total discretion not to bust, at all times, regardless of the law, is because there are always more crimes than they CAN investigate and prosecute, and they must be free to decide which ones to ignore and which ones to prioritize. If a cop sees me on the side of the road selling ganja from a roadside stand, but doesnt know who I am, and pulls over to check me out but then sees a guy speeding by waving a bloody severed head out his car window, the cop is perfectly free to ditch me and go after the other guy. If a prosecutor has a 25% chance case against a weed dealer, and a 50% chance in a shaky murder case, and only has time to prosecute 1, he has total discretion to lay the herb dealers charges on file, nolle prosequi them, or simply fail to bring an indictment or evidence. The cannabis caution policy is a total legal lie. Shame on every legal scholar in Bermuda, myself included, for not seeing this sooner.

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