The Untouchable Prosecutors

Discussion in 'Too Hot for Swamp Gas' started by asuragator, Aug 1, 2013.

  1. asuragator
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    asuragator Well-Known Member

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    Beware, it's a long read, which I haven't fully just yet. However, I imagine there would be quite a bit of left/right convergence of views about this, which might not make for a great thread :)

    In any case, it's been my experience in researching and teaching about this issue that the way the courts are set up, prosecutors have too much unchecked power, which is a reason for some of the abuses that occur. Also, as someone who works closely with many cj/legal/political types, I have found many prosecutors to be full of zeal in trying to win cases, but not much more beyond that. In other words, it's about the win, not really about achieving justice.

    In any case, while I know that this is just anecdotal, I am quite happy that Balko did this research. Curious to hear what others think, especially the esteemed legal types.

  2. leogator
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    leogator Active Member

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    Did you forget the link?
  3. asuragator
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    asuragator Well-Known Member

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  4. HallGator
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    HallGator Administrator VIP Member

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    "Power corrupts............"
  5. leogator
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    leogator Active Member

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    When kudos and promotions are given for convictions rather than promoting justice, then this is what it leads to. They must be held accountable for their actions.
  6. demosthenes
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    demosthenes Well-Known Member

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    It is not just promotions. DA's are elected officials who have to seem tough on crime or face losing their reelection bid. My wife quit being an assistant DA in part due to the DA's SOP of prosecuting everything, offering no plea bargains, dropping no cases, and giving bad reviews when assistant DAs did despite there clearly being no case.

    Personally I think it runs afoul of lawyers' ethics rules and should incur civil liability if not criminal charges for intentionally prosecuting without evidence.
  7. geauxgator1
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    geauxgator1 Well-Known Member

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    We agree on this issue completely. It's got to the point where so many of them just seem like mad dogs.
  8. Row6
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    Row6 New Member

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    The real scandal of that case was the SC ruling that overturned Thompson's civil victories over these guys (Scalia and Thomas once again found an excuse to f..k the poor black guy). The prosecutors should have been arrested for attempted murder. Here's the summary of the SC ruling (linked in jdr's article):

    "Plain English Holding: A district attorney's office cannot be held liable for failing to train its prosecutors when the plaintiff proves only a single violation that has allegedly arisen from the inadequate training.

    Judgment: Fifth Circuit reversed, 5-4, in an opinion by Justice Thomas on March 29, 2011. Justice Scalia joined the majority opinion and also wrote a concurrence, joined by Justice Alito, responding to the dissent. Justice Ginsburg dissented, joined by Justices Breyer, Sotomayor, and Kagan."​

    Another reason to vote democratic.

    Most of the the other examples in the article go to Holder on wiretaps, etc. an arguable position at best which I don't share. I am sure there are plenty of abuses by prosecutors around the country, just as there are by judges and defense lawyers. The key is adherence to laws and procedure, penalties for violations, and appointing SC judges who don't overturn them and like to see the state and corporations stomp guys who are down. IOW, a..holes like Thomas and Scalia.

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