I was relieved by the result as well.
One additional point on this subject. Two points have been brought up: 1) politically motivated charges and prosecutions, and 2) exoneration of people who were previously found guilty. IMO, both issues are related in that prosecutors pursue charges that they shouldn't for the same reasons. Of course, #2 may go further into police conduct as well. I don't think either prosecutors or police should have complete immunity.
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Return to “Rick Perry (and others) felony charges”
- Tue Dec 06, 2016 4:47 pm
- Forum: 2017 Legislative Wish List
- Topic: Rick Perry (and others) felony charges
- Replies: 39
- Views: 18853
- Thu Mar 03, 2016 2:16 pm
- Forum: 2017 Legislative Wish List
- Topic: Rick Perry (and others) felony charges
- Replies: 39
- Views: 18853
Re: Rick Perry (and others) felony charges
The problem with all the talk about exoneration rates is few people who bring it up want to talk specifically about how to change the system to prevent it. They just want to complain about getting rid of the death penalty or something.JALLEN wrote:You guys are a laugh a minute.
"Not guilty" results when in the view of the jury, or trier of fact, the prosecution does not prove each and every element of the charge(s) "beyond a reasonable doubt."
There is another result, not necessarily formally recognized in the law, "innocent" after being convicted, and later exonerated. This is usually because improved forensics shows that the convicted person had nothing to do with it whatsoever.
I posted an article here a little while back about this. Texas leads the country in exonerations, by a wide margin. The thread devolved into statistical mumbo jumbo attempting to avoid the worrisome possibility that juries are not as careful as they need to be, or maybe that law enforcement isn't.
Innocent people are being convicted of very serious crimes wrongfully. Those guys ought to be paid from state funds.
It is hard to hold the prosecutor liable in the absence of evidence of malice, or other bad acts, suppression of exculpatory evidence, intimidation of witnesses, subirning perjury, etc. Those of you who have done more than one trial probably realize how trials don't always go as scripted. Witnesses blow their stories, exhibits don't get admitted, witnesses are effectively impeached. Ask the LA DAs who tried OJ how this happens!
- Thu Mar 03, 2016 11:40 am
- Forum: 2017 Legislative Wish List
- Topic: Rick Perry (and others) felony charges
- Replies: 39
- Views: 18853
Re: Rick Perry (and others) felony charges
There should be a process to remove liability protection from any lawyer who is pursuing cases using government funds (whether govt lawyer or lawyer hired by the govt). In addition, a process to recover money from the government or agency the lawyer was working for. There are already frivolous lawsuit regulations for normal civil cases.
I am not at all sure how to do this such that criminals/prisoners don't use it as a bludgeon to discourage prosecution.
I am not at all sure how to do this such that criminals/prisoners don't use it as a bludgeon to discourage prosecution.