Who keeps the prosecutors inline? So far in our case the prosecutors have done everything to ignore lies they are being told and move forward. How is this allowed? Why is there no recourse for practicing bad law. Why is there no ethical guide to “do no harm”?
Rule 3.8 of the Rules of Professional Conduct does not say “do no harm”but it does state:
“Special Responsibilities of Prosecutors and Other Government Lawyers
(a) A prosecutor or other government lawyer shall not institute, cause to be instituted or maintain a criminal charge when the prosecutor or other government lawyer knows or it is obvious that the charge is not supported by probable cause.
(b) A prosecutor or other government lawyer in criminal litigation shall make timely disclosure to counsel for the defendant or to a defendant who has no counsel of the existence of evidence or information known to the prosecutor or other government lawyer that tends to negate the guilt of the accused, mitigate the degree of the offense, or reduce the sentence, except when relieved of this responsibility by a protective order of a tribunal.
(c) When a prosecutor knows of new, credible and material evidence creating a reasonable likelihood that a convicted defendant did not commit an offense of which the defendant was convicted, the prosecutor shall within a reasonable time:
(1) disclose that evidence to an appropriate court or prosecutor's office; or
(2) if the conviction was obtained by that prosecutor's office,
(A) notify the appropriate court and the defendant that the prosecutor's office possesses such evidence unless a court authorizes delay for good cause shown;
(B) disclose that evidence to the defendant unless the disclosure would interfere with an ongoing investigation or endanger the safety of a witness or other person, and a court authorizes delay for good cause shown; and
(C) undertake or make reasonable efforts to cause to be undertaken such further inquiry or investigation as may be necessary to provide a reasonable belief that the conviction should or should not be set aside.
(d) When a prosecutor knows of clear and convincing evidence establishing that a defendant was convicted, in a prosecution by the prosecutor's office, of an offense that the defendant did not commit, the prosecutor shall seek a remedy consistent with justice, applicable law, and the circumstances of the case.
(e) A prosecutor's independent judgment, made in good faith, that the new evidence is not of such nature as to trigger the obligations of sections (c) and (d), though subsequently determined to have been erroneous, does not constitute a violation of this rule.”
There are also a number of cases that discuss prosecutorial misconduct and malicious prosecution you might enjoy reading.
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Despite ethical rules to the contrary, prosecutors are a very special kind of lawyer. They do not need to be admitted to the New York bar to prosecute misdemeanors. Usually, these lawyers are the kin of insiders, so personal connections are a significant factor in keeping the circle unbroken. Further, your mayor selects his criminal judges. Your mayor says that he will protect the indigent, but selects judges who will convict. Then your mayor says he will provide lawyers to represent the poor, but those lawyers will convince the poor person to take the plea and go to prison. The same awaits civil litigants who face evictions and family court cases, and the same results will accrue.
Add to this closed environment is federal law enforcement money. Your prosecutor and his judge have to work as a coordinated team to maximize the inflow of federal dollars into the state, otherwise there would be no way to pay for all this law and order. If you ask for an accounting of this money spent, you'll never get a response. If you ask who is supervising all this, you'll also never get a response.
One of Trumps ongoing failures as he fires everyone around him is not appointing compliance officers to monitor the spending of federal money by the state. Republicans under Bush enacted rules that allow the trustworthy legal system to monitor itself as it spends taxpayer dollars, and that plan failed years ago. Anything goes with taxpayer money including your sham prosecution.
We have degenerated into a one-cause society. That cause is domestic violence. Man hits woman and goes to jail. However, in reality, woman hits man, calls cops and send man to jail. The system cannot ascertain any facts because its primary concern is being paid by the Fed. So the system ascertains nothing and proceeds with a prosecution. The absence of any protests by men allows this cr*p to continue unabated.
Watch out who you vote for, and the majority of presidential candidates have no clue what they are doing signing do-gooder legislation to help the beaten.
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Who's telling lies? Maybe they are lies, and may they are not. That's what trials are for. Sometimes it's hard to determine the truth.
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