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Originally Posted by Aguila Blanca
...I was brought up to the philosophy that laws which are enforced sporadically or arbitrarily and capriciously are worse than no laws at all...
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Arbitrary and capricious is one thing, but not every exercise of discretion is arbitrary and capricious.
It might be arbitrary and capricious to pull names out of a hat to decide who to charge and prosecute. It would be an abuse of discretion to systematically prosecute only persons of a certain race or religion. But it is another thing, for example, for federal prosecutorial authority to decide not to use available, limited resources to prosecute relatively benign misconduct that is legal under state law.