The Prosecutor’s Charging Decisions
many factors:  strength of evidence, suspect’s background and characteristics
Rinaldi – it is the prosecutor’s decision and not the judge’s (only exception … prosecutor oppressively and repeatedly filing and dismissing … otherwise, their final decision)
Initiating prosecution is decision of executive branch, almost unlimited
can’t force a prosecution, up to the individual prosecutor … judge or public can’t initiate
- wrinkle:  some states have private prosecution