FJAG
Army.ca Legend
- Reaction score
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- Points
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I don't think that there are politicians pushing for this at all because prosecutors are already so risk averse that there is no need for it.Because the politicians push for the prosecutors/police to press charges to appear they are "doing something", then throw up their hands and blame the court when the case that should never get that far fails, they also hope to win some because the other side does not have the money/stamina and health to fight and pleads to lesser charge to escape the threat.
In many of the "spectacular" or "sensitive" cases there is a natural inclination within the prosecution service to say "let the judge sort it out". The "reasonable prospect of conviction" standard has a fair bit of flexibility in it and it would take a very courageous prosecutor indeed who, for example, declines to charge a rape allegation these days because she considers the complainant to lack credibility.
Unfortunately that leaves only the judges as the gate keepers with a "proof beyond a reasonable doubt" standard and for much of the baying crowd finding someone not guilty because that standard wasn't met simply doesn't cut it. My guess is that there are already judges who are second guessing their decisions based on populist criticism.