I'm still sick as a dog. You know what else is sick? Our justice system. (See, isn't that oh so clever of me?)
I've been wanting for some time to write about Prosecutors. In general. Not that I've ever been one or had to deal with one across the aisle directly. I have lots of links I want to put on this too, but right now I'm coughing enough that this will be short.
My main pet peeve with prosecutors is that they often seem to put the whole adversarial process and trying to nail someone ahead of this thing called justice, something which they are supposed to zealously pursue. It is not like when you have a civil suit, where you expect the hired gun for each side to be relentless in representation. Prosecutors are supposed to represent justice, not just getting convictions. They are supposed to only file charges where appropriate - not overcharge or charge where the evidence is thin, hoping a jury will sort it out. They are not supposed to argue legally suspect positions just to sustain a conviction. Again, the interests of justice require them to advocate for the correct rule of law, not just for whatever rule is convenient for them to win a motion or an appeal.
I've seen far too many do all sorts of shitty things, legally suspect things, at trial, and then make shady arguments on appeal. Arguments that they, as ministers of justice, have no business making. If there is an error in the law, they are sworn to recognize it. Sure, on appeal, they could argue the error was harmless, but they should never argue there was no error at all if the law is clear. That is not looking out for the interests of justice. Oh, and those shitty things done at trial - in my experience, they don't ever result in reversal on appeal. It is not like on TV where you see defendants getting off left and right on technicalities. If anything, it is the prosecutors who get off on technicalities, doing ethically suspect things at trial and then winning on appeal because they argue the errors were "harmless" to the result. One has to wonder if such errors really are "harmless" why prosecutors persist in using them against defendants.
I know this may sound vague. It is. I can't be specific for confidentiality reasons. But I will have more to say about this later. With links and everything.
(Boy, I hate being sick).
2 years ago