Quote:
Originally posted by bilmore
These cases are getting more and more common, and more and more ridiculous. But, place most of the blame on legislatures that write these very detailed laws. (Is a prosecutor supposed to ignore the wording? I don't think they can, without being accused of picking and choosing which laws to enforce.)
Fun Fact: He'll have to register as a Sexual Predator for the rest of his life.
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Disagree to the extent that every charging decision by every prosecutor involves the use of discretion.
There is no requirement that you charge every defendant with every crime you possibly could -- and this kid should _not_ have been charged wtih "aggravated child molestation" in a case where the consensual sex would have been legal if the girl were 65 days older.
I think that it is the duty of a prosecutor, to some extent to "pick and choose" in each individual case in the interests of justice. (yes, dangerous argument). If the prosecutor doesn't exercise that discretion, they are no longer professionals fighting for justice with decency and integrity, and are merely hammers at the disposal of whoever signs their paycheck.
In this case, the line guy might have had no choice in the charging decision, but he should still feel like he can't scrub hard enough to get the slime off his skin.
S_A_M
ETA -- Hank's probably right about the "backup charge" theory.
