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Notes -
The fact the prosecutors use paper-bag tests to determine who to charge with what is the entire problem in the first place. It would work with low-level law enforcement, though (in fact, there's already a workable model for an entire division of law enforcement to do this job; game wardens as specialized police typically work this way, so does mall security to a point).
But then again, that's just going straight back to Peelian principles (also, obligatory "this is basically just 2nd Amendment by proxy").
The part that could be 'at their discretion' would be whether to charge criminally or not -- so the cops give you a ticket for stealing which you have to pay regardless, and the prosecutor may or may not upgrade to actual charges. Ideally he would do so, but if he doesn't at least there's something. Kind of an additional level on the summary/indictable (Canada) or misdemeanor/felony (US, I think?) ladder.
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