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Thread: The problem of prosecutorial misconduct. J. Adler Volokh Conspirator. & Radley Balko

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    The problem of prosecutorial misconduct. J. Adler Volokh Conspirator. & Radley Balko

    "Prosecutorial misconduct is a serious problem. Because prosecutors are largely immune from suit for their actions, some prosecutors take liberties, tolerate false testimony, suppress exculpatory evidence, and engage in selective prosecutions. Fortunately, we have writers like Radley Balko, who focus on these issues. His latest discusses the disturbing reaction of prosecutors to judges who criticize their conduct."

    http://www.washingtonpost.com/news/v...al-misconduct/


    Judge says prosecutors should follow the law. Prosecutors revolt. By Radley Balko

    "I’ve addressed the problem of prosecutorial misconduct here a few times before — both its prevalence, and the fact that misbehaving prosecutors are rarely sanctioned or disciplined. Recently (or perhaps the better word is finally), some judges have begun to speak out about the problem including, most notably, Alex Kozinski, the influential judge on the U.S. Court of Appeals for the 9th Circuit."

    http://www.washingtonpost.com/news/t...cutors-revolt/
    I am responsible for my writing, not your understanding of it.

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    Regular Member sudden valley gunner's Avatar
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    The whole barrel is rotten.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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    Accomplished Advocate color of law's Avatar
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    Standard operating procedure.

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    Regular Member Maverick9's Avatar
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    Quote Originally Posted by sudden valley gunner View Post
    The whole barrel is rotten.
    Careful, baseless allegation...

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    Regular Member Freedom1Man's Avatar
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    Quote Originally Posted by Maverick9 View Post
    Careful, baseless allegation...
    All the apples I have found in the barrel are rotten, so thus it is reasonable to believe that the whole barrel is rotten.
    Provision for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters, might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. --- These matters obviously lie outside the orbit of congressional power. (Railroad Retirement Board v Alton Railroad)

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    Old proverb:

    How do you know a lawyer is lying? His lips are moving.

    Some grain of truth in that ... our system does not strive to expose the truth...

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    Regular Member Rusty Young Man's Avatar
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    Sometimes a transect of an area reveals a high incidence of one particular organism (let's call this corruptus personus, using Harry Potter-style made-up Latin). But a transect by its very nature leaves out those organisms in close proximity but not falling into the permissible deviation to be counted in the transect.

    If this one judge is speaking out against the corruption, then we can conclude that not every apple in the barrel is rotten.

    Just like with the police officers that stand up against the abuses committed by their fellow cops, we can conclude there is AT LEAST one honest cop in that particular department.


    Add.
    But I am in favor of "weeding out" the rotten apples to save the barrel and the good apples.
    Brings up the question as to whether it wouldn't be more prudent/simple to simply get a new barrel and possibly transfer the good apples of the first over to the second.
    Last edited by Rusty Young Man; 03-09-2014 at 05:39 PM.
    I carry to defend my loved ones; Desensitizing and educating are secondary & tertiary reasons. Anything else is unintended.

    “Life, liberty, and property do not exist because men have made laws. On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in the first place.” - Frederic Bastiat

    "When bad men combine, the good must associate; else they will fall one by one, an unpitied sacrifice in a contemptible struggle." - Edmund Burke

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    Regular Member OC for ME's Avatar
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    Quote Originally Posted by Rusty Young Man View Post
    Sometimes a transect of an area reveals a high incidence of one particular organism (let's call this corruptus personus, using Harry Potter-style made-up Latin). But a transect by its very nature leaves out those organisms in close proximity but not falling into the permissible deviation to be counted in the transect.

    If this one judge is speaking out against the corruption, then we can conclude that not every apple in the barrel is rotten.

    Just like with the police officers that stand up against the abuses committed by their fellow cops, we can conclude there is AT LEAST one honest cop in that particular department.


    Add.
    But I am in favor of "weeding out" the rotten apples to save the barrel and the good apples.
    Brings up the question as to whether it wouldn't be more prudent/simple to simply get a new barrel and possibly transfer the good apples of the first over to the second.
    Aside from the FL trooper, and Serpico, which cop(s) are you referring to?

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    Regular Member Rusty Young Man's Avatar
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    Quote Originally Posted by OC for ME View Post
    Aside from the FL trooper, and Serpico, which cop(s) are you referring to?
    The one I had in mind was officer Regina Tasca. Refused to take part in police brutality, but got thrown out for it. That dept may or may not be entirely corrupt, but while she was there, at least ONE good officer (good apple) was part of that dept.
    http://freedominourtime.blogspot.com...oes-rogue.html
    I carry to defend my loved ones; Desensitizing and educating are secondary & tertiary reasons. Anything else is unintended.

    “Life, liberty, and property do not exist because men have made laws. On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in the first place.” - Frederic Bastiat

    "When bad men combine, the good must associate; else they will fall one by one, an unpitied sacrifice in a contemptible struggle." - Edmund Burke

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    Regular Member teddyearp's Avatar
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    Quote Originally Posted by OC for ME View Post
    Aside from the FL trooper, and Serpico, which cop(s) are you referring to?
    Quote Originally Posted by Rusty Young Man View Post
    The one I had in mind was officer Regina Tasca. Refused to take part in police brutality, but got thrown out for it. That dept may or may not be entirely corrupt, but while she was there, at least ONE good officer (good apple) was part of that dept.
    http://freedominourtime.blogspot.com...oes-rogue.html
    And what about Chris Dorner?

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    Regular Member Rusty Young Man's Avatar
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    Quote Originally Posted by teddyearp View Post
    And what about Chris Dorner?
    I don't know, since all the information about him that has reached me has been through the same media that would call me an "extremist" for wanting a limited government, a balanced federal and state budget, and for not submitting to police protection who by very nature are the second to react to a violent crime (the victim is the true first responder), choosing instead to rely on myself for the defense of my loved ones and myself.
    Maybe he was trying to expose abuse of power within the department and bring attention to police brutality, or maybe the media is actually being objective (highly unlikely in this day and age), telling the truth (I wouldn't bet on it), and he was the monster they claim he was. If the media had more credibility, I would go so far as to say "but most likely the truth lies somewhere near the middle".

    Food for thought:
    Last edited by Rusty Young Man; 03-10-2014 at 08:43 PM.
    I carry to defend my loved ones; Desensitizing and educating are secondary & tertiary reasons. Anything else is unintended.

    “Life, liberty, and property do not exist because men have made laws. On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in the first place.” - Frederic Bastiat

    "When bad men combine, the good must associate; else they will fall one by one, an unpitied sacrifice in a contemptible struggle." - Edmund Burke

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