That only makes things even more hilarious, because now the Justice system can't even claim to be consistently applying stare decisis across the board if that is the case.
Rather it only does it when someone makes the decision that to do so is convenient for maintaining the integrity of the Judicial system; thereby creating the facade that the entire thing isn't rife with capricious singularities like it actually is.
When laws are impossible to consistently enforce (as evidenced by prosecutorial discretion), or juries are not on board with seeing them enforced, it should be a much more blatant signal something is up or off than it is.
In fact, is there even a record of cases of "refused prosecutions"? If not, maybe there should be. Then there's be an objective metric to analyze to see if a law is being abused selectively.
Cases are recorded in general. I don't know if there's a BigQuery LexisNexis or whatever, but I bet someone has access to a representative database and can grep for "we the jury declare the defendant not guilty" followed by "the judge was foiled and slunk back to its lair to concoct a new scheme".
Rather it only does it when someone makes the decision that to do so is convenient for maintaining the integrity of the Judicial system; thereby creating the facade that the entire thing isn't rife with capricious singularities like it actually is.
When laws are impossible to consistently enforce (as evidenced by prosecutorial discretion), or juries are not on board with seeing them enforced, it should be a much more blatant signal something is up or off than it is.
In fact, is there even a record of cases of "refused prosecutions"? If not, maybe there should be. Then there's be an objective metric to analyze to see if a law is being abused selectively.