re: #136 Johnny Derp

Then they should simply charge him with the lesser charge. Again, I don’t know what the real practice is, but charging for the sake of intimidation (i.e. making the subject more pliable for a plea bargain) is unethical (and should be criminal as far as I’m concerned).

The SCOTUS has already recognized that plea bargaining is how most criminal cases are resolved. I don’t like it either, but that is the lay of the land. Over-charging is the stick that the DA has to force you to accept a bargain.