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> Prosecutors do not have the power to set aside the law, and even where plea bargains are made, they must be approved by a judge first. And yet they choose to
by darkarmani 14y ago
> Prosecutors do not have the power to set aside the law, and even where plea bargains are made, they must be approved by a judge first.
And yet they choose to not prosecute some times. The judicial oversight in plea bargains is to minimize abusive coercion.
- anigbrowl 14y agoDig into cases and you'll almost always find that the decision not to prosecute is due to insufficiency of evidence or incapacity of the defendant. Neither circumstance obtained here; the evidence of criminal liability was abundant and no motion of unfitness for trial was ever introduced by the defense (that I am aware of - if you know of one, please let me know).