So, a district attorney’s PERSONAL views regarding the death penalty can prevent the death penalty, when the death penalty is not forbidden by law?
Another San Francisco value.
Yes, it’s called “prosecutorial discretion.”
The check on this is that the DA is (generally) an elected official, and if the local people don’t like his or her stance, they elect a different one.
Yes because the DA is an elected local official and supposedly reflects the values of the local voters - which may or may not coincide with the values of the state as a whole. Just because state law allows the death penalty doesn't mean prosecutors have to seek it. That is a decision left entirely to them & they can use whatever reasoning they like to make the decision. They have to answer for it at election time.