If the prosecutor knows the defendant is innocent, it is arguably unethical to prosecute him. The ABA Standards on the Prosecution Function 3-4.3(d): "A prosecu

If the prosecutor knows the defendant is innocent, it is arguably unethical to prosecute him. The ABA Standards on the Prosecution Function 3-4.3(d): "A prosecutor’s office should not file or maintain charges if it believes the defendant is innocent, no matter what the state of the evidence." Note that few if any jurisdictions have adopted this as binding. It's unlikely that a prosecutor would lose their license over what you propose. But it's nevertheless arguably unethical.