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para 2: I don't understand the issue. Surely the prosecutor should throw everything s/he's got and the judge and jury, who are charged with protecting the int
by waqf 14y ago
para 2: I don't understand the issue. Surely the prosecutor should throw everything s/he's got and the judge and jury, who are charged with protecting the interests of the community, decide what sticks? For the prosecutor to be involved in that decision seems a conflict of interest/incentive to corruption (this is the point you are making about private prosecutions, but I would argue that even a public prosecutor is rewarded for convictions).
para 1: yes, I want to eliminate the ability for defendants to negotiate lesser sentences. Like many practices we like to despise governments for tolerating (bribery, corruption, torture), it's convenient, practical and even successful in many cases, but it's totally unjust.
- tptacek 14y agoIt's totally unjust if the world is a computer simulation in which arbiters have perfect information and there's a binary right/wrong answer to every problem. Since that's not the world we live in, I am very glad prosecutors are allowed the discretion to follow human intuition about the grade of offense to charge. Like most other government interventions, there are checks and balances regulation that discretion.