I agree with your diagnosis, but not your prognosis.
Not that prosecutors aren't going to try to do all that you say, but rather that they are still limited in time and money, and many were clearly chosen for reasons other than pure competence.
It is simply not inevitable that they will be *able* to restore "prosecution homeostasis" even i…
I agree with your diagnosis, but not your prognosis.
Not that prosecutors aren't going to try to do all that you say, but rather that they are still limited in time and money, and many were clearly chosen for reasons other than pure competence.
It is simply not inevitable that they will be *able* to restore "prosecution homeostasis" even if they wanted to.
Now, it is still best to fix the abuse at its root (or move to a saner jurisdiction) but being hard to convict is still a rational strategy. Not just individually either - being hard to convict robs these prosecutors of power. The more that people see these prosecutors defeated in court, the less they will fear them.
Defeating a malicious prosection in court is a Pyrrhic victory, because you're still out the cost of your lawyer, and the prosecutor gets paid and doesn't go to prison. There is no substitute for changing that.
If you belong to a legal defense fund/legal insurance, the cost of your lawyer is covered.
If you have conducted yourself well and have your legal expenses covered, it is unlikely you will even go to court. The prosecutor likely won't want to bother with a case that won't add to their win percentage.
I agree with your diagnosis, but not your prognosis.
Not that prosecutors aren't going to try to do all that you say, but rather that they are still limited in time and money, and many were clearly chosen for reasons other than pure competence.
It is simply not inevitable that they will be *able* to restore "prosecution homeostasis" even if they wanted to.
Now, it is still best to fix the abuse at its root (or move to a saner jurisdiction) but being hard to convict is still a rational strategy. Not just individually either - being hard to convict robs these prosecutors of power. The more that people see these prosecutors defeated in court, the less they will fear them.
Defeating a malicious prosection in court is a Pyrrhic victory, because you're still out the cost of your lawyer, and the prosecutor gets paid and doesn't go to prison. There is no substitute for changing that.
If you belong to a legal defense fund/legal insurance, the cost of your lawyer is covered.
If you have conducted yourself well and have your legal expenses covered, it is unlikely you will even go to court. The prosecutor likely won't want to bother with a case that won't add to their win percentage.