The election of judges and prosecutors is from the Progressive era. The reason that the Constitution makes judges life-time appointments with good behavior is too make judges free from popular pressures. Prosecutors and judges must make their decisions on the basis of the law and not satisfying their constituents. Their constituent is the law and justice.

Mike Nifong's pushing the hoax was principally because of needing to get through the Democratic primary in Durham. In the Jena 6 case the prosecutor is looking at his getting re-elected.