Prosecutor sure has "prosecutorial discretion".
But a defendant - at the very same time - has a "selective prosecution" defense. It does not work often, but may be useful for discovery etc.
Oh hell yeah, this DA is an anti-gun lunatic and that bias is most definitely relevant.
It's like that trope from legal thrillers where they just ask the DA for an example of a time that someone wasn't charged. If the DA has mercilessly prosecuted every single gun case that crosses his desk, and has never once declined to prosecute because it was self-defense, that bias should be pretty clear to a jury.
Prosecutor sure has "prosecutorial discretion". But a defendant - at the very same time - has a "selective prosecution" defense. It does not work often, but may be useful for discovery etc.
Oh hell yeah, this DA is an anti-gun lunatic and that bias is most definitely relevant.
It's like that trope from legal thrillers where they just ask the DA for an example of a time that someone wasn't charged. If the DA has mercilessly prosecuted every single gun case that crosses his desk, and has never once declined to prosecute because it was self-defense, that bias should be pretty clear to a jury.