The Power of Prosecutors

Jesse · 02-03-2008, 11:12 AM

I thought you guys would find this article interesting:

Criminal Defense: Rolling The Dice, As A Prosecutor

Broader laws on self-defense cause confusion

troy2000 · 02-06-2008, 02:27 PM

Good post. My opinion is that if the prosecutor believes "It was pretty clear what the right thing to do was here," he had no business filing charges against the man and taking him to trial. I think he was trying to fence-sit and keep both sides happy: anti's because he charged the guy, and pro's because he figured from the get-go the guy would be found innocent. He should have to pay the defendent's court costs and attorney fees out of his own pocket.

How much do you want to bet they also offered the guy a plea bargain, and tried to get him to plead guilty to a lesser charge before they took him to trial, in spite of the prosecutor's claim that he thought it needed to be decided by a jury? The prosecutor would have also found that solution to be a nice bit of fence-sitting.

ezearln · 02-06-2008, 03:38 PM

While I tend to agree charges should never have been filed, if I may for a moment play the Devils advocate, just for a moment. An item to consider may be this. Even though it wasn't stated any where within the story it could be, given what he had the prosecutor saw an opportunity to close this situation out to the ultimate benefit of the accused. Since there is no statute of limitations on murder the only way to forever remove the spectre of potential prosecution at some later date after all the facts had become clouded, forgotten or lost in the fog of time was to take the accused to trial in the belief that he would be aquitted as is what happened. Mores and beliefs change, recollection fades and there is a very real possibility that at some distant date this man may have again found himself investigated and charged for this at a time in which he may NOT have had the benefit of public sentiment and good counsel. As it stands now he can never be retried for this "Offence" and I use that term very loosely. Just a thought to consider as not all lawyers are bottom feeders. You thoughts?

Windwalker · 02-06-2008, 06:28 PM

Your idea has merit. and yes, not all lawyers are bottom feeders. Probably not over about 85 percent.

troy2000 · 02-06-2008, 07:08 PM

Quote:

Originally Posted by ezearln

While I tend to agree charges should never have been filed, if I may for a moment play the Devils advocate, just for a moment. An item to consider may be this. Even though it wasn't stated any where within the story it could be, given what he had the prosecutor saw an opportunity to close this situation out to the ultimate benefit of the accused. Since there is no statute of limitations on murder the only way to forever remove the spectre of potential prosecution at some later date after all the facts had become clouded, forgotten or lost in the fog of time was to take the accused to trial in the belief that he would be aquitted as is what happened. Mores and beliefs change, recollection fades and there is a very real possibility that at some distant date this man may have again found himself investigated and charged for this at a time in which he may NOT have had the benefit of public sentiment and good counsel. As it stands now he can never be retried for this "Offence" and I use that term very loosely. Just a thought to consider as not all lawyers are bottom feeders. You thoughts?

Well, it's possible. My personal guess is that he wasn't trying to do the defendant any favors. Of course, I wasn't there...

neophyte · 02-06-2008, 08:06 PM

In NC we had a Prosecutor who decided he was going to get 'elected' to "BIG deal Prosecutor" after the 35+- yr prosecutor retired.
Some fellas from Duke University decided to hire a couple of dancers for a late nite party.

Later on one of the dancers cried rape; crap hits the fan. Prosecutor want a be decides that this is the hand of god feeding him.
Turns out he had all the information to exhoerate the 4 without questions. Prosecutor want a be; hid the evidence. Now? Prosecutor want a be; lost his job, lost his life $128,000,000 bankruptcy; lost his position in the community; and is going to spend time in jail. He cannot have a "law" license in NC.

All this to say: Trusting Government officials to do the right thing is difficult.

Now; what would I have done in Florida? Lord only knows.

02-03-2008, 11:12 AM	#1
Jesse Administrator Join Date: Mar 2002 Posts: 1,945 Images: 2	The Power of Prosecutors I thought you guys would find this article interesting: Criminal Defense: Rolling The Dice, As A Prosecutor Broader laws on self-defense cause confusion __________________ Jesse www.gunandgame.com

02-06-2008, 02:27 PM	#2
troy2000 Resident Armed Liberal Join Date: Dec 2004 Location: Southern California Posts: 10,026 Images: 9	Good post. My opinion is that if the prosecutor believes "It was pretty clear what the right thing to do was here," he had no business filing charges against the man and taking him to trial. I think he was trying to fence-sit and keep both sides happy: anti's because he charged the guy, and pro's because he figured from the get-go the guy would be found innocent. He should have to pay the defendent's court costs and attorney fees out of his own pocket. How much do you want to bet they also offered the guy a plea bargain, and tried to get him to plead guilty to a lesser charge before they took him to trial, in spite of the prosecutor's claim that he thought it needed to be decided by a jury? The prosecutor would have also found that solution to be a nice bit of fence-sitting. __________________ I won't insult your intelligence by suggesting you really believe what you just said. WF Buckley, Jr Last edited by troy2000; 02-06-2008 at 02:29 PM.

02-06-2008, 03:38 PM	#3
ezearln Senior Member Join Date: May 2007 Location: Texas Hill Country Posts: 3,175	While I tend to agree charges should never have been filed, if I may for a moment play the Devils advocate, just for a moment. An item to consider may be this. Even though it wasn't stated any where within the story it could be, given what he had the prosecutor saw an opportunity to close this situation out to the ultimate benefit of the accused. Since there is no statute of limitations on murder the only way to forever remove the spectre of potential prosecution at some later date after all the facts had become clouded, forgotten or lost in the fog of time was to take the accused to trial in the belief that he would be aquitted as is what happened. Mores and beliefs change, recollection fades and there is a very real possibility that at some distant date this man may have again found himself investigated and charged for this at a time in which he may NOT have had the benefit of public sentiment and good counsel. As it stands now he can never be retried for this "Offence" and I use that term very loosely. Just a thought to consider as not all lawyers are bottom feeders. You thoughts? __________________ "You can have my Freedom when I'm done with it!"

02-06-2008, 06:28 PM	#4
Windwalker Senior Member Join Date: Oct 2007 Location: Oklahoma Posts: 4,016	Your idea has merit. and yes, not all lawyers are bottom feeders. Probably not over about 85 percent. __________________ America: Love it and protect it or leave it

02-06-2008, 08:06 PM	#6
neophyte Senior Member Join Date: Aug 2007 Location: Charlotte, NC Posts: 4,353 Blog Entries: 2	difficult In NC we had a Prosecutor who decided he was going to get 'elected' to "BIG deal Prosecutor" after the 35+- yr prosecutor retired. Some fellas from Duke University decided to hire a couple of dancers for a late nite party. Later on one of the dancers cried rape; crap hits the fan. Prosecutor want a be decides that this is the hand of god feeding him. Turns out he had all the information to exhoerate the 4 without questions. Prosecutor want a be; hid the evidence. Now? Prosecutor want a be; lost his job, lost his life $128,000,000 bankruptcy; lost his position in the community; and is going to spend time in jail. He cannot have a "law" license in NC. All this to say: Trusting Government officials to do the right thing is difficult. Now; what would I have done in Florida? Lord only knows. __________________ Craig May the Lord's face radiate with joy because of you. Numbers 6:24