The wheel of justice almost came to a grinding halt during the pandemic. Many state courts suspended in-person proceedings for months, piling up a massive backlog that insiders say will take years to clear. To tackle the heavy caseload, state prosecutors are using their discretion in different ways. Prosecutors decide whether a case shall be filed and hold great influence on how a case will progress within the state court system. Some use their discretion more liberally to dismiss entire categories of crimes. Others cautiously push the envelope of prosecution on a case-by-case basis. Some are determined to bear the load the old way without compromising their prosecution standards. Sherry Boston, chief prosecutor of the Dekalb County District Attorney’s Office in Georgia, thinks an unprecedented court backlog demands a new prosecutorial response. In April, Boston asked her team to stop prosecuting at least four categories of low-level, nonviolent crimes so there’s …
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