Florida Gov. Ron DeSantis, the aggressive conservative warrior, boldly says repeatedly that “Florida is where woke goes to die.”

But this is a criminal ethics column. So, as an all-but-declared presidential candidate, we wonder about DeSantis trying to implement that campaign slogan to target a Florida prosecutor’s decisions on the types of cases he might choose to not prosecute. Who knew, though, that in putting teeth into the slogan he might have actually raised the conundrum whether a prosecutor can ethically create a policy that his or her office decline, across-the-board, to prosecute certain crimes on the books—without exercising discretion in the individual case whether or not to charge? (Notably, by the way, adultery is a crime in New York for example, although it is never prosecuted—irrespective of whether any prosecutor here has an office policy against prosecuting it).

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