“The problem with the system is that prosecutors have acquired far too much power and face few consequences for bad behavior. Prosecutorial discretion—deciding whom to go after and whom to ignore—is an open invitation to corruption. And this corruption can have consequences beyond the individuals involved. Had Senator Ted Stevens not been convicted a week before he narrowly lost reelection in 2008 in a trial that involved “gross prosecutorial misconduct,” he undoubtedly would have been reelected and the Democrats would not have had the sixty votes in the Senate they needed to ram ObamaCare through.
“Criminal statutes have proliferated to such an extent that the federal government doesn’t even know how many federal criminal statutes there are. People break laws all the time without knowing it. So a prosecutor investigating an individual can often find evidence of dozens, even hundreds, of “crimes” and charge the individual with them. And usually the case never goes to trial. Instead the person charged is offered a plea bargain and has no real option but to take it.
“As Reynolds points out, while a criminal trial positively bristles with due process—especially the jury’s power to determine guilt—the pretrial process has little due process. Prosecutors decide whom to investigate and what charges to file. Grand juries seldom refuse to indict.”
Absolute discretion coupled with absolute immunity is good work if you can get it. Nobody but Kings, Communist Dictators, and American prosecutors can get it.