[timwiseman]

"The law should be the same for everybody and should NOT be applied selectively."

It depends on how the selection is done. If a prosecutor declines to prosecute because the law breaker is of a particular race, rich, politically powerful, etc. then that is an abuse of discretion.

However, we want prosecutors to be selective when it comes to saying that someone might have been justified even if the law as written doesn't explicitly acknowledge the justification (or acknowledges it but as a factor for the judge to consider). Speeding and running red lights because you are impatient and reckless is a different matter than speeding and running a red light because your passenger is bleeding profusely.

We also need to give prosecutors some discretion just to manage the case load. Unless we are willing to spend a lot more on both prosecutors and the court systems, we want them to be able to say "I will focus my time and attention on this murderer even if it means letting that shoplifter go with an extremely favorable plea bargain or even unpunished."