Respectfully, in an earlier post you discussed replacing subjective motivations for objective probable cause.
Putting the prosecutor in charge of determining whether a case will be proven BRD does exactly that.
For example, take a self defense case. The defendants actions are judged in light of whether or not his actions were reasonable. Do we really want prosecutors, not jurors, making that determination?
Obscenity charges are an another example. They are based on community standards. If one prosecutor views those standards one way, and another views them otherwise, whose view prevails? L
Additionally, often times evidence develops after indictment that affects the judgment of the prosecutor. For example, co-defendants flip and provide recordings or texts that previously unknown.
Prosecutors should never charge cases where they believe someone is innocent, but they shouldn’t be prohibited from charging cases where there is probable cause, but the individual prosecutor himself is not sure the evidence meets the threshold of BRD. Again, that is for a jury to determine.