Monday, April 10, 2006

Prosecutorial discretion

Mr. Steven Wells just posted a good article pointing out the structural bias of appeals, one reason why the state is always full of good case law. This can be a problem, particularly when judges (AKA former prosecutors) won't do anything to protect your client's rights unless you can point out a case on point an all four facts. Ruling by analogy to suppress a stop? Nope, hey, that case occurred near a river, and this case was near the ocean ... BIG difference!

Did you hear what happened in Duke? No matter how heinous the crime, police make mistakes, witnesses may lie. I never assume someone is lying, but my experience has led me to not jump to a hanging because in many instances, all the facts are not in. Yes, I'm talking about prejudging thrice admonished (by the most conservative appeals court in the land) Nancy Grace, who said recently: You know what, Kevin? I`m so glad they didn`t miss a lacrosse game over a little thing like gang rape! Go ahead..

I'm glad that Grace didn't live in Durham, after all, I don't think that she should go to jail for arson, she added during her show:
GRACE: To clinical psychologist Dr. Patricia Saunders, Dr. Saunders, in an earlier sound bite, we heard one of the administrators say -- or it may have been the defense attorney -- say, "What if these boys were your sons?"

What if this girl -- I mean, of course, I wouldn`t be happy if she was a stripper if I was her mother, but forget about that. What if this girl was your girl? You know, I`d burn the place down, for Pete`s sake.


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