Legal Question in Criminal Law in Michigan
Is there any circumstances when the prosecutor says he sees genitalia in a photo and clearly there is None there, that he could get a conviction for taking lascivious photos?
1 Answer from Attorneys
The prosecutor is not the trier of fact - he/she decides whether or not there is sufficient evidence to proceed with charges. It doesn't matter whether the prosecutor thinks someone is guilty or innocent - they have an obligation to represent the government when prosecuting alleged criminals. It is the judge or jury who weighs the sufficiency, veracity, reliability, and weight of all evidence and testimony, in a particular case, to arrive at the verdict. A prosecutor's opinion does not mean anything. Remember that a prosecutor represents the government, and will pursue the case/charges accordingly, and not concerned about the defendant's interests - only obtaining a conviction.
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