Quote:
Originally posted by Atticus Grinch
All of these pitfalls are true, but I assure you that the federal sentencing guidelines and the three-strikes movement have been written with an eye toward decreasing judicial power, but vastly increasing prosecutorial power. Why else are the judges complaining about prosecutors overcharging in order to get better leverage for plea deals?
I do not like the drawbacks of powerful prosecutors, but the drawbacks of a prosecutor who has no discretion --- or who believes em has no discretion --- strike me as far greater. Who wants to see an eleven year old sent up for aggravated destruction of property worth more than $500 for busting out a few double-paned windows? The examples of crimes that are overlooked by prosecutors in order to enhance the QOL of the involved parties are legion. Example on the downside would be uncharged domestic violence. Example on the upside would be not charging every single vehicular death as involuntary manslaughter.
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I guess I have to agree with the basic idea, but this still scares me. At what point do we find that only blacks are charged with coke crimes? That only Catholics are charged with DWI? That only non-relatives of prosecutors are charged with . . . anything?
Or am I preaching to the choir?
