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What if I was to say that I don't agree with DWI's so I am not going to prosecute those? How is that different from an elected DA saying I don't agree with the death penalty, so I will never seek it no matter what the circumstances? -Dustan

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Suppose your policy is never to seek more than 20 months on a state jail evading no matter what the circumstances... Never going for the max of 24 months is not the same thing as not prosecuting the crime.

From the Austin-American Statesman (in an editorial discussing the relative merits of the 4 current candidates for Travis County DA to replace Ronnie Earle):

"Rounding out the field is Rick Reed, another district attorney, who is earnest enough and experienced enough. He lost us, though, when he declared that he would never seek the death penalty.

We oppose the death penalty, but until it is legally abolished, a candidate for prosecutor shouldn't announce an intention to unilaterally disregard it."