It does, and it's one of the things that also concerns me about mandatory minimum punishments. It's important when an accused is exposed to a loss of liberty at the hands of the state that there be a transparent process. The reality is that prosecutors make a number of discretionary decisions that can enhance or detract from the level of jeopardy that an accused faces, yet in those decisions, by and large nobody knows why they were made or the reasons for them, and they're effectively immune from review.
