As Kly and DT can attest, there are a plethora of variables that can affect any prosecution. Most prosecutions in America are carried out by District Attorneys, judges, law enforcement, and juries in the Nation's 3000+ counties that allows for those variables. The quality of prosecution and defense as well as of the evidence, state laws, and the application of due process can all affect outcomes. Most prosecutions result in plea bargains which mitigates sentencing.