An Empirical Study of Discretionary Non-prosecution in DWI Cases
Empirical research based on prosecutorial documents of driving while intoxicated(DWI)cases found that DWI non-prosecution discretion lacked comprehensiveness and neutrality.Prosecutors overlooked necessary factors such as the time of occurrence and the type of driving.Moreover,the weight given to aggravating cir-cumstances generally exceeded that of mitigating circumstances The normative orientation towards"severe punishment"and the absence of institutional-level non-prosecution discretionary space led to a"leniency-ri-gidity imbalance"in DWI non-prosecution discretion,impeding its wider application.To rectify this,it is crucial to thoroughly enumerate the discretionary elements of DWI non-prosecution in applicable norms and clarify the concept of comprehensive discretion Additionally supported by empirical data,enhancing the practical rationality of applicable standards is vital Furthermore defining"minority of the crime"as the sub-stantive element of the discretionary non-prosecution application and establishing a procedure-oriented non-prosecution discretionary supervision and control mechanism are necessary steps.
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