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by PurpleBoxDragon
3005 days ago
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This is basically how all laws currently work. The prosecutor gets to pick who to charge (or sometimes gets to pick which case to put in front of a grand jury, though generally the process is so one sided that the prosecutor effectively has full control over what evidence the grand jury sees and is thus able to sway their decision either way). We would need to change the system to remove the choice of enforcing criminal charges from all, but this will be a very bad thing to do given current laws (just look at issues with teens sending photos to each other, what would happen if we really cracked down on all cases of illegal photos being shared). The system appears designed so that once you are targeted, they can easily crush you by bringing forth laws generally ignored for the average person not targeted by the legal system. It needs to be fixed, but there is almost no political will to fix it and any fixes will be a drastic deviation from what we currently know. |
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Now, its fair that in practice this can be abused to protect people in power by not charging them, or to get people deported by charging with things no jury would convict on, or scare them into a plea deal. But that is where the political system is supposed to step in (most DAs are elected) and remove prosecutors who are making decisions the voting population doesn't like.
But people don't vote (or don't research or don't care) enough to be an effective check on the legal system like that, which is a whole different set of problems... but my point is that these systems are designed to balance each other, not so that each system is perfect by itself.