In recent years, people have thought the purpose of a prosecutor is to prosecute crimes. No. The purpose of a prosecutor is to see justice done. It is equally important to decide not to prosecute people as it is to prosecute them.
THIS. It’s what I say to every jury panel that I voir dire. “I have to prove every single element beyond a reasonable doubt. I expect you to hold me to that burden.”
Meanwhile, back at the ranch, Grand Jury jurors are busy voting to indict ham sandwiches.
The rational decision has to come before ever bringing the charge. Close calls don’t count. Your instruction is little more than a Constitutional requirement.