04-11-2007, 10:13 PM | #11 |
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Being evil is part of the job description of a prosecutor.
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04-11-2007, 10:30 PM | #12 | |
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I am grateful for the criminal defense bar and especially for the PDs. They perform an invaluable service. I agree absolutely that it is essential beyond imagination that we continue to assure civil protections and liberties, even to the lowest of the low, lest the remainder of society be caught off guard with nobody to protect them. Thankfully, most lay persons don't have to worry because of the good work of our defense bar. Bless them.
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04-12-2007, 12:24 AM | #13 | |
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I will add the following observations: Most prosecutors that I know don't exercise their discretion as often as they should. It is an important part of the job to be able to say "you know, I'm just not pursuing that." Luckily, the office I work the most closely with is great in this area though as a citizen and not defense counsel there are areas I wish they were stronger. The larger the city, the more ambitious prosecutors you run in to. The ones who are really trying to make their bones are tougher to deal with because they are focused on getting the conviction. I don't think they are evil, but some of them have the primary goal of advancing their careers politcally. Maybe the biggest problem with prosecutors is that they don't have a client. They don't truly answer to anyone. This leads to less than rational decisions at times. They also get so used to winning (because most people are guilty and have no techincal defenses and frankly becasue most people who are represented are represented by lawyers on the court appointed list who are rarely all-stars) that they are a little arrogant and act like they are supposed to win and that the last thing you want to do is try your case. That's okay with me because I learned early never to be afraid to put your case in front of the court. Plus I love trying criminal cases. I don't have an illusions about doing something overly noble by doing defense. I'm not on the court appointed list so all my clients are at least well off enough to pay me. The main role I think I play is being on the front line of where the 4th, 5th and 6th amendment meet the road. The police in trying to do their job will try to push the envelope and in many cases run over people's rights. If there was no one there to suppress their evidence when they screw up it would only get worse. Cops have to learn the right way to do things and should be punished for overreaching by seeing their cases go away. I have a great relationship with most of the cops I know locally. I always treat them with respect and in many cases offer to give them a copy of the case I cited and tell them how they could have done it right. Most of them take you right up on that offer. As defense counsel I want to give my people the best defense I can, but as a citizen of where I live I want the police to catch the bad guys and do it in a way that the convinctions stick.
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04-12-2007, 01:50 AM | #14 |
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I worked with a defense attorney during law school and I came out with a general negative impression of local prosecutors. Overcharge and underplea was their MO as it saved time, money and they still got to count the prosecution. The defendants were terribly afraid of getting locked up for life and they jumped at the first sign of a deal. This was especially prevelant among court appointed cases we would get.
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04-12-2007, 02:03 AM | #15 | |
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04-12-2007, 02:09 AM | #16 |
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Thank goodness for prosecutors; without them the criminals would run free while the law abiding citizens would have no defenders.
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04-12-2007, 02:14 AM | #17 |
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04-12-2007, 02:17 AM | #18 |
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That is WAY overstating things. People watch too much TV.
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04-12-2007, 02:18 AM | #19 |
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Fair but exaggerated point. There are good prosecutors, but if not checked by defense attorneys abusive practices woudl very, very quickly overwhlem the cjs.
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04-12-2007, 02:20 AM | #20 | |
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I just find it interesting that it is defense attorneys - the professional rival of the prosecutor - who tell us that prosecutors are evil, so I tend to believe that they're not as bad as they'd have us believe. BTW - what did the prosecutor in the Duke lacrosse team do that was so evil? Anyone? I didn't follow it because I don't care about Duke lacrosse.
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