It does not always happen, but it is a system we are dealing with here. We cannot address every particular instance that might come along. It is a system with which we are concerned. This is our system. District attorneys decide when to plea bargain.
District attorneys have to decide how strong their case is.
Only they will know how strong their case is, in making a decision whether to accept a plea bargain. Sometimes, when you have multiple defendants, district attorneys have to make a decision to make a deal with one defendant for more lenience in exchange for testimony against another defendant. All of these are discretionary things that in our system we give local district attorneys the right to do. What this constitutional amendment would do is change that whole system in many material respects. Instead of having a two-party system, where you have a prosecutor, or the State, or the people, and a criminal defendant, you would now have three parties.