Sword seized after man mistakes porn for rape

[UGAalum94]

You'd like to think that DNA not matching would at the very least kick it back for another trial if not immediately lead to a pardon, but in several of those cases the DNA wasn't even tested until after the guys were in jail. So some of them lack the kind of knowledge of innocence that I questioned the first time.

Others do show show intentional misconduct which I still find baffling. It so clearly wrong and its hard to see what they gain.

GeekyPenguin, I know that you have to do your job and you don't want to commit career suicide, but if you know of misconduct, you should probably report it whoever represents the appropriate authority.

[GeekyPenguin]

Originally Posted by Alphagamuga

You'd like to think that DNA not matching would at the very least kick it back for another trial if not immediately lead to a pardon, but in several of those cases the DNA wasn't even tested until after the guys were in jail. So some of them lack the kind of knowledge of innocence that I questioned the first time.

Others do show show intentional misconduct which I still find baffling. It so clearly wrong and its hard to see what they gain.

GeekyPenguin, I know that you have to do your job and you don't want to commit career suicide, but if you know of misconduct, you should probably report it whoever represents the appropriate authority.

LOL, usually it IS the appropriate authority.

[UGAalum94]

Originally Posted by GeekyPenguin

LOL, usually it IS the appropriate authority.

Right, but you've got the state bar and whatever the equivalent group is to the one reviewing Nifong's actions in NC.

Prosecutors aren't exempt from following the law.

Wouldn't there be federal recourse if it's a violation of civil rights?

ETA: I'm not sure why I couldn't think of attorney general.

[GeekyPenguin]

Originally Posted by Alphagamuga

Right, but you've got the state bar and whatever the equivalent group is to the one reviewing Nifong's actions in NC.

Prosecutors aren't exempt from following the law.

Wouldn't there be federal recourse if it's a violation of civil rights?

Honestly, this really isn't worth getting into with you. I like that civilians think the justice system is fair.

[UGAalum94]

Well, if everybody on the inside is just working it out for us. . .

Seriously, if you know of misconduct are you free just not to report it?

[GeekyPenguin]

Originally Posted by Alphagamuga

Well, if everybody on the inside is just working it out for us. . .

Seriously, if you know of misconduct are you free just not to report it?

NO. There is a difference between what the public views as misconduct and what the actual rules of professional responsibility require. Zealous advocacy...

[KSigkid]

Originally Posted by GeekyPenguin

NO. There is a difference between what the public views as misconduct and what the actual rules of professional responsibility require. Zealous advocacy...

Yes - and at least here in CT, things are getting more stringent with the tougher federal guidelines (Sarbanes-Oxley, etc.). I don't know if it comes out more heavily on the defense bar, but the rules of professional responsibility are pretty strict.

Like you say though, prosecutorial misconduct does occur though, and it's kind of eye-opening when you see some of the extent of it.

[KSig RC]

Originally Posted by GeekyPenguin

NO. There is a difference between what the public views as misconduct and what the actual rules of professional responsibility require. Zealous advocacy...

Don't forget about the extremely liberal interpretation of prosecutorial immunity by some courts (which are certainly related, but raise entirely new issues).

[James]

Geekypenguin . . what is the State Bar's actual authority over prosecutors?

Originally Posted by GeekyPenguin

Honestly, this really isn't worth getting into with you. I like that civilians think the justice system is fair.

[GeekyPenguin]

Originally Posted by James

Geekypenguin . . what is the State Bar's actual authority over prosecutors?

Varies from state to state, and generally pretty low - of course they are subject to discipline like anyone else, but I don't think I've seen it happen in either of the states that I follow disciplinary proceedings in. I'm sure that valkryie or MysticCat are a lot more qualified to speak on it since they are real lawyers and not student practice rule lawyers like me.

[MysticCat]

Originally Posted by GeekyPenguin

Varies from state to state, and generally pretty low - of course they are subject to discipline like anyone else, but I don't think I've seen it happen in either of the states that I follow disciplinary proceedings in. I'm sure that valkryie or MysticCat are a lot more qualified to speak on it since they are real lawyers and not student practice rule lawyers like me.

You're right. It varies from state to state.

As a general rule, however, in those states where the district attorney (or state's attorney, or whatever he or she may be called) is elected rather than appointed, then there is no "higher authority" that can tell the DA how to do his or her job -- not the governor, not the AG, not anybody. As an elected official, the DA is answerable to the eletorate. He can be voted out of office, and state law likely provides one or more methods of removal from office (such as impeachment), but as far as prosecutorial decision-making goes, the buck stops with the DA.

The role of the bar, again generally speaking, will be to determine if rules of ethics/professional responsibility have been violated, and if so, what the punishment (if any) should be. The bar cannot discipline a DA for bad-decision making, nor can it second guess the DA on questions like whether charges should be brought or not. But if the DA's conduct violates the rules of professional responsibility -- whether the rules are applicable to all attorneys or, as is sometimes the case, rules outlining hightened responsibilities for prosecutors -- then the bar can impose discipline, including disbarment. Should a DA be disbarred, then presumably he or she would have to resign, since being a licensed attorney is a prerequisite to being DA.

[KSig RC]

Originally Posted by Alphagamuga

Right, but you've got the state bar and whatever the equivalent group is to the one reviewing Nifong's actions in NC.

Prosecutors aren't exempt from following the law.

Wouldn't there be federal recourse if it's a violation of civil rights?

ETA: I'm not sure why I couldn't think of attorney general.

Which of these "higher higher authorities" don't have the continued appearance of shit like "97% conviction rate in our ________!" as their best interests?

I'm not sure you really understand the full reason behind why prosecutorial misconduct occurs - you've got a very "sunshine and roses" thought process, which leads me to believe you've never really spent much time dealing with anything related to criminal prosecution . . . oh, and here's a related note: once these guys are freed, it's cash-in time for various plaintiffs' attorneys nationwide (many of whom specialize in this kind of work).

No one's hands are clean here - and those vacated sentences? Not always because of unilateral innocence.