AKA

Wizard of Polls

Last updated March 21, 2019

WHAT IT DOES

Lexecutorlets a public representative (e.g., a prosecutor) enlist a sample of the relevant population and ask them a yes/no question they can vote on in confidence.

HOW IT WORKS

Public representatives are often called to make decisions on behalf of their constituents. However, their decisions don’t always represent the views of their constituents. Part of the reason is there were previously no technologies to obtain this information. Lexecutor™ is such a technology.

Technically, when a public representative fails to represent the views of its constituents that representative commits any of the torts of

    • abuse of (or misfeasance in) public office
    • breach of fiduciary duty
    • misrepresentation (which can be innocent, negligent or fraudulent)

Innocent misrepresentations by public officials might have been excusable when they acted in good faith and it was not possible for them to know their constituents’ views on every issue, but that is no longer the case.

BENEFITS

Lexecutor™ lets a public representative consult with a representative sample of their constituents when making important decisions on their behalf. This increases public responsibility and decreases liability.

Prosecutors in French are called ‘ministère public’ and in America they are called district attorneys, because they represent the public interest. (In America, criminal cases are titled People v. Accused, unlike in Canada where criminal cases are titled R. v. Accused, where R. stands for Regina, meaning the Queen.)

One job of prosecutors in Canada is to screen charges laid by police, meaning they choose which cases to prosecute. The Crown Prosecution Manual says a Crown Attorney should only prosecute if there is a reasonable prospect of conviction and it is in the public interest. However, these criteria both depend on the public, since a reasonable prospect of conviction depends on the jury  (which is supposed to represent the public) and the public interest also depends on the public. Yet prosecutors can only guess at what constitutes the public interest, since they don’t rely on any statistics and very little information is available to them about the jury during jury selection.

In America, these issues are traditionally resolved by having the public vote for the prosecutor and giving lawyers broad latitude to question jurors at jury selection. Even though these methods do more to ensure that prosecutions are likely to succeed and that prosecutorial decisions represent the public interest, they are also quite primitive and limited.

The average failed prosecution can easily cost hundreds of thousands dollars and put people’s properties and lives in danger. By consulting the public with Lexecutor™, a prosecutor can ensure better chances of success and protect against claims of malicious prosecution.