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HOUSE_OVERSIGHT_016540

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Page 31 of 42 103 Minn. L. Rev. 844, *904 U.S. victims lack a right to challenge noncharging decisions in cases of homicides by police. But they, along with organized interest groups, can lobby prosecutors to prosecute. In some cities, voters and activist groups have pressured local prosecutors on police violence cases. 7° It is difficult to assess what role public sentiment plays (and should play) in charging decisions. But it is not hard to find instances of potent political challenges to non-prosecution of police officers in the wake of fatal shootings. Chief prosecutors in Cleveland, Ohio, and Chicago, Illinois, lost reelection bids in the wake controversial failures to charge police officers in fatal-shooting cases. 7°7 In the midst of popular and activist attention on such cases, prosecutors in several other cities have charged officers for offenses related to suspects' deaths, with mixed records of success. 7°8 Chicago prosecutors did so a year [*905] after police fatally shot a suspect and only upon public release of video of the incident 7° - a scenario that suggests public attention corrected a noncharging decision influenced by improper considerations. However, U.S. localities vary widely in their demographics, politics, and community sentiments toward these cases. 7!° That variation, plus local election of prosecutors, contributes to widely varying enforcement policies across prosecution offices. 7!! And it means victims who urge prosecutions when local majority sentiment disfavors it have lower odds of successfully influencing [*906] prosecutors. The political variability of local prosecutors’ charging policies - and the vulnerability of those decisions to local sentiment that favors unjustified underenforcement - are a key reason federal redundancy is important in this context. Given that police misconduct is an established part of the U.S. Justice Department's enforcement agenda, federal prosecutors should be a check on political judgments of local p

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