I’m not offering a moral answer, I’m just offering my commentary based on the people I have worked with who focus on “career progression”.
Yes the prosecutor could take this case, maybe they will win with enough time, effort and money. Or they can take the easy route and find an open and shut case that they will win with minimal effort, get another success under their belt and tick the boxes that allow them to build their career.
I know, it’s a sick and fucking twisted system, this is the reason why this shit happens however.
I wouldn’t be so quick to call a system “sick and twisted” when it encourages prosecutors to only pursue charges that they feel are open-and-shut rather than aiming for the worst possible charge when there’s actually doubt about the outcome.
There have been studies that indicate that the preventative nature of the justice system (ie, the extent to which it makes people who are about to commit a crime think to themselves “maybe I shouldn’t do this, in case I get caught”) is enhanced far more by the perceived chance of getting caught and convicted rather than the severity of the punishment that gets meted out. If someone’s standing ready with their gun and deciding whether to pull the trigger they tend not to think to themselves “will I get 10 years in prison or 30? If it’s 10 I’ll take it, 30 is too much.” They simply think “what are the odds I will face significant punishment for this at all?”
A lot of these racist assholes walk around thinking they’re completely entitled to start blasting, that nothing will happen to them or that they’ll be considered heroes. I would much prefer them to start thinking “I’ll definitely get 10 years in prison if I do this” than for them to think “I might get life in prison, or I might walk Scott-free.” Because these sorts of people will tend to assume the Scott-free outcome, since they work so hard to justify their asshole thoughts to themselves they’re likely to think others will also find them justified.
