> they dont get to pick!

They absolutely get to pick!

https://www.uscis.gov/policy-manual/volume-1-part-i-chapter-...

"“Prosecutorial discretion” is the authority of an agency charged with enforcing a law to decide whether to enforce, or not to enforce, the law against someone. USCIS, like other law enforcement agencies, has prosecutorial discretion and exercises it every day. In the immigration context, the term applies not only to the decision to issue a Notice to Appear (NTA), but also to a broad range of other discretionary immigration enforcement decisions."

There is a whole area of research on this. Prosecutors have significant discretion around charging and (suggested) sentence, and this allows bias to creep in. I've heard people debate the quality of specific research on the size of the bias, but not the mere idea that bias is possible at all.

1) they can be selective with which arrests result in charges

2) prosecutors can tell police straight up what they will or won’t prosecute, which affects what crimes cops will investigate or make an arrest for

They get to pick the sentencing they are aiming for, and that can depend on race.

They absolutely get to pick. They pick which cases they choose to prosecute, plea bargain, or dismiss, as well as what sentence they choose to ask for.

They have discretion to not prosecute. I was nearly killed and left with significant injuries. The police conspired to undercharge and the prosecutor DGAF.

American Bar: Prosecutors confront ugly repercussions of bias - https://www.americanbar.org/news/abanews/aba-news-archives/2... - February 3rd, 2023

> The pervasive problems with racism in our criminal justice system has been clear. Black Americans are incarcerated in state prisons at nearly five times the rate of white Americans.

> The systemic racism in the system starts before the first contact and continues through charging decisions, plea deals, conviction, sentencing recommendations, incarceration, release and beyond.