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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...continue to full post

Full post as published by Defending Those People on April 10, 2006 (boomark / email).