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Hmm… what should be done in a case where the available evidence is deemed to be only 51% to 85% likely to get a conviction?
It's a profound question. On the one hand, prosecution of individuals who are ultimately found Not Guilty, is a waste of their time and an emotional stress. On the other hand, if prosecutors fear to bring cases unless they're 95% sure of conviction, too many guilty individuals go free. Nor is plea bargaining a satisfactory solution: it assumes all accused individuals have fully competent defense (when obviously they don't.)
I would say more towards the 85% end of the range. Not 51%, but certainly not something like 95%