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rocketpig said:

It's their job to prosecute criminals. Often times, depending on personal politics/attitude, they push things farther than judges will let them (my gf is a law clerk under a judge so I get to hear all about it). If they don't try to get creative with prosecution and how laws are applied, no one will.

Right, hence my concession earlier.  But that's a very far cry from what you originally wrote.  That's all I'm saying.