Prosecutors in America, most commonly called district attorneys, have enormous and often unaccountable discretion. "They can choose how harshly to go after someone, how lenient to go after someone," explains John Pfaff, a Fordham University professor of criminal law. "They have tremendous power in that respect."
The prosecutor in Stephens' case, East Baton Rouge District Attorney Hillar Moore III, was not obliged to charge her. He did not have to pile a legal fight on top of the horror of losing an infant in a preventable accident. He chose to do so, and district attorneys across the country can and do make similarly cruel and unnecessary choices. They have significant control over whether a case is prosecuted, what charges are brought, whether it goes to trial or is settled out of court, what sentence is sought, and so much more.
