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Originally Posted by Atticus Grinch
I’m saying I don’t want it enshrined that it’s okay to bring a case even though it is a loser. What’s enough? One percent chance of winning? Let the electorate decide whether that’s tilting at windmills.
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The prospect of an electorate punishing that particular decision is fanciful at best, but whatever. Your line is between a 0% chance of winning (not OK) and a 1% chance (let the electorate sort it out later). Fine. I agree. I have a hard time imagining anyone here disagrees.
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But a prosecutor who feels that the prospect of getting a conviction is not determinative of the decision to charge is not healthy at all.
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It certainly might not be healthy, but I don't think you can say this categorically. And I note that I keep trying to identify specific types of prosecutorial decisions where this might be appropriate, rather than arguing a general principle.
Does your view change if the government is bringing civil charges instead of criminal?
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Which is why you’ve probably never heard a DA say that they brought a charge but didn’t expect to win — weren’t surprised when they heard “not guilty.” I wouldn’t oppose a judge issuing an OSC if s/he heard that, post-trial. Which is why you don’t hear it, and shouldn’t.
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That might be one reason, but you and I can think of others.
