Armed Polite Society
Main Forums => Politics => Topic started by: roo_ster on March 20, 2014, 01:45:19 PM
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http://www.usatoday.com/story/opinion/2014/03/19/law-enforcement-clue-jury-criminal-column/6490641/
When juries decide not to convict because doing so would be unjust, it's called "jury nullification," and although everyone admits that it's a power juries have, many disapprove of it. But when prosecutors decide not to bring charges, it's called "prosecutorial discretion," and it's subject to far less criticism, if it's even noticed. As for prosecutorial targeting of disfavored groups or individuals, the general attitude is "if you can't do the time, don't do the crime."
If our criminal justice system is to be a true justice system, then due process must attach at all stages. Right now, prosecutors run riot. That needs to change.
Very brief, but content-filled column well worth your time.
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I practice in a state that doesn't use the grand jury. For the most part, I agree with what he says. The PA's offices I have come into contact with will frequently do what he says...Throw every charge they can think of and make a plea offer. I am not sure that making the state pay the legal fees of a defendant that is charged but not convicted would work. It isn't their personal money that would cover it, but rather it is taxpayer funds. I agree with removing absolute immunity, though.
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The only "news" abouit this is that certain prosecutors, when chastized by a judge and ordered to actually follow the law and canon of ethics, got their knickers all twisted up. I'll bet it is not restricted to SC.
stay safe.
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News to the great unwashed but anyone who toured the sausage factory knows the problem is far, far bigger than the article portrays. To the mix add periodic elections for districts attorney and associated grandstanding, underfunded incarceration facilities, underfunded DA's offices, ancient case management technology, insufficient court facilities, mismatched funding and needs, and my personal favorite, a completely unaccountable medical examiner system.
Glad some mainstream news outlet addresses the issues but the situation is far worse than this one article describes.