Discretion in Relation/Emphasis to White
One of the issues of white-collar crime is the issue of Prosecutorial discretion. Prosecutors who dabble with white-collar crimes have great scope of discretion in that they can determine whether to bring a criminal case and which issues to quote if they do indict. The nature of the white collar statutes often cedes discretion to prosecutors. This is because they may be seen to overlap into the area of civil, rather than criminal, interest and are therefore seen by many as encompassing economic regulations that fall within the perimeters of civil enforcement. Critics see this as an unjust and partisan system, whilst supporters see it as being blessed with flexibility rendered by cautious and rational prosecutors, and checked by presiding judges . The issues, back and forth about the fairness or unfairness of the discretionary system, are febrile and ongoing. Suggestions such as inquisitorial trials (with jury assessing prosecutorial decisions) have been suggested, but none have been taken seriously. It is likely that the issue will not be so readily solved since prosecutorial discretion has been an entrenched and accepted part of the criminal justice system ever since the beginning and will likely remain so in the future. The best one can do is monitor prosecutorial decisions with presiding judge, and this is what is being done at the moment.