Prosecutors prefer to put effort into cases they think they can win. You can only try someone for the same charge once so if they don’t think there is a good chance of winning they are unlikely to put much effort into it or even drop it.
And that right there is what makes it a legal system only and not a justice system. They don’t pursue cases where someone was wronged, they pursue cases where they can build their careers on wins.
It is a foundation of our justice system. If you don’t think you’ll win there is no point in proceeding and you have just wasted your time and resources and now if new evidence comes up you can’t prosecute them for the same charge. This is why prosecutors are supposed to make sure they have a solid case before proceeding.
The fifth amendment is an amendment to the legal system, not the foundation of it. It needs amending because it’s flawed.
And we’re describing two different things. We aren’t talking about holding off prosecuting a big fish until there’s enough evidence to not let them get away by double jeopardy, we’re describing the intentional prosecution of small fish so they can have an impressive portfolio of successful cases.
Prosecutors are not cops. The prosecutors can never win a case if the cops dont investigate first. The comment you replied to never mentioned prosecutors bringing a case, only cops investigating a case.
Cops work with prosecutors to determine if there is enough evidence to make it worthwhile to proceed. The parent comment implied that police are the only determining factor.
Prosecutors prefer to put effort into cases they think they can win. You can only try someone for the same charge once so if they don’t think there is a good chance of winning they are unlikely to put much effort into it or even drop it.
And that right there is what makes it a legal system only and not a justice system. They don’t pursue cases where someone was wronged, they pursue cases where they can build their careers on wins.
It is a foundation of our justice system. If you don’t think you’ll win there is no point in proceeding and you have just wasted your time and resources and now if new evidence comes up you can’t prosecute them for the same charge. This is why prosecutors are supposed to make sure they have a solid case before proceeding.
https://www.justia.com/criminal/procedure/double-jeopardy/
The fifth amendment is an amendment to the legal system, not the foundation of it. It needs amending because it’s flawed.
And we’re describing two different things. We aren’t talking about holding off prosecuting a big fish until there’s enough evidence to not let them get away by double jeopardy, we’re describing the intentional prosecution of small fish so they can have an impressive portfolio of successful cases.
Prosecutors are not cops. The prosecutors can never win a case if the cops dont investigate first. The comment you replied to never mentioned prosecutors bringing a case, only cops investigating a case.
Cops work with prosecutors to determine if there is enough evidence to make it worthwhile to proceed. The parent comment implied that police are the only determining factor.