"Prosecutors don’t need more “tools” in these cases. They have plenty. They need more discretion. And empathy. And a more complete understanding of justice."

More at the link.

Prosecutors and Grieving Parents | The Agitator:

"When I’ve pointed out some hypothetical situations where an innocent parent or caretaker could be unjustly charged with the death of a child—cases where a parent may be guilty of poor decisions or bad parenting, but hasn’t broken any laws—the response is usually that prosecutors would never a grieving parent or caretaker under those scenarios.

Enter the Marietta, Georgia, case of 30-year-old Raquel Nelson... Last April, Nelson was crossing a street with her three children when her 4-year-old was struck and killed by a car. She was crossing at an intersection, but was apparently not in a designated crosswalk. The driver who killed her had been drinking, taking painkillers, and was blind in one eye. He also has two prior hit-and-run convictions. Nelson and her daughter were also struck and injured. Residents of Nelson’s apartment building have complained to the city about the intersection. The nearest crosswalk is a half mile away.

If we have as little to fear from overly aggressive prosecutors as supporters of Caylee’s Law claim, we could expect the prosecutor in this case to show some discretion and mercy for Nelson, right? Yes, she admits to jaywalking. Yes, she erred, and subjected her kids to unnecessary risk. But she just lost her son. It’s hard to fathom a more punishing, heartbreaking sentence. Moreover, the underlying “crime” here was a misdemeanor, one most of us commit every day. So mercy, right?

Of course not. Nelson was charged with second-degree vehicular homicide. Which is insane. She was convicted last week. When she’s sentenced later this month, she could spend more time in jail than the man who struck and killed her son. The prosecutor will say he was just enforcing the law. The jury will say they were just applying it. Both are excuses to duck responsibility (prosecutors can decline to bring charges, juries can nullify)..."