A good prosecutor will dismiss charges when they see there is insufficient evidence of guilt. What you propose will create the harmful incentive to always try

A good prosecutor will dismiss charges when they see there is insufficient evidence of guilt. What you propose will create the harmful incentive to always try a case. People lose years of their life, and tens of millions of dollars in legal fees, when defending themselves from criminal charges. So even if the person is ultimately acquitted, they will be still be damaged from the process. And the government wins 93% of cases brought to trial: https://en.wikipedia.org/wiki/Conviction_rate#United_States https://en.wikipedia.org/wiki/Conviction_rate#United_States So anyone caught on the wrong end of a zealous prosecutor will be in big trouble. The DoJ already creates harmful incentives by tracking how many convictions it gets, and striving to get more. That creates an institutonal culture that rewards aggressive prosecutors.