Law & Order often takes from reality. The ham sandwich phrase is attributed to Solomon Wachter who was a judge on the New York court of Appeals and is anecdotally dated to the mid or late '80s. And then went widely into the culture and has shown up in novels, academic papers, and tv.
You _used_ to be able to indict a ham sandwich anyway. These days the federal government can’t even manage to indict someone caught on video throwing a hand sandwich at law enforcement.
This seems like a very one sided view honestly. You could also say that, these days, the federal government can’t even manage to indict their political enemies, because DOJ under the current admin keeps getting laughed out of court.
not every time. there are people in jail/prison due to the times that the DOJ does not get laughed out of court. I think someone accused of being "antifa" got 100 years to make an example. I don't have the article to site, but shouldn't be hard to find.
Yeah, it really demonstrates the rot - the public's loss of trust in so-called "law enforcement" due to how they've come to operate as gangs of lawless thugs. If you want to restore the public's trust (vital social technology!), then advocate for civil rights and legal accountability.
you can indict a ham sandwich if you don't try to convince a grand jury that a mustard stain is terrorism. the grand jury found that throwing a sandwich at someone doesn't rise to the level of assault. what dude did was never contested, and they would have gotten a conviction if they charged appropriately, but instead they tried to "make an example" of him and instead they got made an example of.