Why do you think this was the first one she prosecuted where she decided to exercise her discretion and file Murder charges?

After watching the video regarding the deaths of Katie Flynn and Stanley Rabinowitz, consider the following:
With respect to discretion, should prosecutors be able to exercise discretion when deciding whether defendants should be charged with specific crimes, or whether they should be charged at all?
DA Rice had several DWI homicides during her time as DA. Why do you think this was the first one she prosecuted where she decided to exercise her discretion and file Murder charges?
Listen to DA Rice’s explanation as to why she believes the person who drinks, drives and kills is no different or better than the person who murders with depraved indifference to human life. What do you think? Should DWI prosecutions be treated as murder? Do you think the sentence is fair for this defendant, who had no criminal history?

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