Preemption of Prosecutorial Discretion CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply. This session examines state preemption of prosecutorial discretion. Increasingly, as prosecutors have begun to use their discretion to further criminal justice reform and shift from a punitive approach to a restorative one, states have begun to step in to constrain this use of prosecutorial discretion. States have preempted prosecutorial discretion by creating concurrent jurisdiction over certain offenses at the state...