State v. Lacy

Leben, J.:

*246 The power of a prosecutor is great. In many cases, prosecutors can choose at the outset whether to charge someone with a crime at all. If they choose to bring a charge, often they may decide to bring a lesser or greater charge given the facts at hand. After charging, they can choose whether to offer a plea bargain to let the defendant plead to a lesser offense. And after conviction, if one is obtained, they may argue for a greater or lesser sentence.

But power within the legal system is subject to rules designed to protect us all from the potential abuse of that power. As a result,…