Should the judge have imposed sanctions for the abuse of discretion? I don't think so. Even though the prosecutor's explanation as to why he decided not to file charges is simply unbelievable (given the evidence available in the videos showing the incident, which is available here), for good or for bad, prosecutorial discretion is a necessary component of our criminal justice system.
Some commentators go farther, however, and seem to imply that, as long as prosecutors do not violate a rule, no one has the right to criticize their decisions. I disagree. Prosecutors are public officials, and like all public officials, their conduct is open to criticism.
So, prosecutors are, and should be, subject to criticism for their conduct, but in a case like this one, allowing the judge to impose sanctions would be problematic.
It would also seem to me to raise significant Separation of Powers concerns were a judge to in effect order a prosecutor to prosecute a case or to punish a prosecutor for not prosecuting a case. If the prosecutor is ineffective, then he or she should be fired. But prosecution is an executive function, and unless there was some extant court order that was violated here, I do not see how a judge could sanction a prosecutor for not doing an effective job. And that is aside from any prosecutorial immunity the prosecutor may enjoy.
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