2014-07-05

Prosecutors run wild

Just have fun   PJWTHF
Prosecutors ( a large number  of them ) are like coeds at a beach party.... they just want to have fun.  And for a prosecutor it is really fun to prosecute a case with lots of high touch concepts and drama.  For the Prosecutor a case can be a process of great creativity.  I will mention some of the the prosecutor can pull out of legal bag of tricks.  Prosecutors are inventing new ones each year, so I cannot guarantee I have mentioned the most amazing ones.

#1   Using "uncharged crimes" to gain more leverage.  Uncharged crimes do not have to be proven.... yet such imaginary crimes influence the judge , the public and defense lawyers.
#2  Piling on the charges.  One event can be viewed in such a way that the prosecutor can charge the defendant with many crimes.  The prosecutor may not care if some of the charges cannot be proved.  The sheer number of charges may cause the defendant to capitulate.
#3 Making offers to the defendant.  This sounds like a good idea until you see how it is used.  The prosecutor gets to make offers that have arbitrary deadlines.... gets to play "chicken" with the defendant. 
#4 Not being a good sharer.  The prosecutor can make it very hard for the defendant to find out facts that may be vital to the defense. 
#5 SOPM... this is my favorite.  Spending other people's money.  The prosecutor is not spending their own money.  They can try a defendant over and over until they get a guilty verdict.  I have personally seen this happen.  Compared to most defendants.... the prosecutor has infinite $$$ to play with.

=====  Further fun facts
The Ambitious
Prosecutors are often ambitious.  They want to springboard from the prosecution gig to something more glorious..... perhaps a judgeship , a political career , a high paying private law position.  This means they do not want to piss off important people or even the public.  This often means they do not care about the guilt or innocence of people caught in the web of the legal system.  The prosecutor wants to look good, wants to have a reputation of can-do.  Obscure cases or cases that pivot on morality are not interesting to the typical prosecutor.
The (not-much) Downside
The Prosecutor has little exposure to oversight or corrective legal action.  Historically , misbehaving prosecutors have suffered little exposure or punishment. 
The Team
The Judge, the Prosecutor, the Police all work for the same organization.  They see each other often.  They form acquaintances.   They learn about each others problems and desires.  The police often appear as witnesses.  The police and prosecutors discuss cases on a regular basis.  They have to meet on a regular basis.  They want to get along.  In smaller jurisdictions , this becomes comical.

http://www.nlg-npap.org/system/files/DavidHarrisProsecutorandPolice.pdf


The Ross Ulbright prosecution
In the case of Ross Ulbricht  ( #RossUlbricht ) the prosecutor has charged Ross with a variety of crimes.  The prosecution is conducting itself in an immoral fashion.  It is a horror to watch.

The main thrust is to set precedent and scare future defendants.  The thrust is to extend the reach and legitimization of #ThugForce ,  #GovernmentViolence. 

Cops and Prosecutors scam autistic teen
 http://jonathanturley.org/2014/07/17/undercover-officer-befriends-bipolar-and-autistic-teen-convinces-him-to-buy-pot-for-him-then-arrests-him/#more-81182
This would be bad even if the teen were not slow and needy.

How to get a fair trial
I support the idea that any evidence can be introduced into a trial. ( any )  And any defense is allowed.  And that the prosecution is not allowed to hold any information back. ( None )  And that the prosecution is not allowed to outspend the defense.  ( Even if it means funding the defense )  Somehow prosecutors must be given incentives to seek the truth ... rather then get convictions.  And that the jury is allowed to ask questions ( and get answers ) .  And that there are penalties for the prosecutor to pile on charges or play the "plea bargain" game.    777FairTrial

tags:  #ProsecutorsRunWild   #PRW   #PRWild  #PJWTHF 99guspuppet   777evilProsecutors

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