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thebastidge

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"The beauty about Prosecutors is that they work for the STATE, sooo he would have to find a very good reason why he is charging you... and it would have to be more than impeccable... "

Hopefully, I'm reading you wrong here... you really think that there are any realrepercussions for a District Attorney charging someone with a less than impeccable case? Look at the stats for prosecutions which do not result in conviction. It is almost entirely up to the DA to decide to charge someone or not. There's no real oversight. People are charged with things all the time that they either didn't do or that there is not enough evidence to convict with.

You at least have to be prepared for the possibility that you will bve indicted in any case involing a firearm injury or death, even if you are completely convinced you acted in justified self-defense.

And there are plenty of people who are in jail wrongly. They are a very small minority, but they are there.
 

tricityguy

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What I mean is that if they charge you and they don't have a case well then they don't have a case...
No, you are jaded about how the justice system works. Prosecutors charge people all the time when they have little or no case. Often times, they win anyway. Even when they don't, they make the life of their target a living hell for months or years, costing people a lot of money, time and agony, and in many cases their jobs and marriages. Prosecutors RARELY drop charges. They do not like to be wrong. When they bring charges they are often very aggressive about prosecuting even in the face of undeniable evidence their victim is not guilty, or even with a complete lack of evidence. Prosecutors and police have been caught many times out right FABRICATING evidence against people.

Again, we go back to the case I mentioned earlier, we have a 15 year old girl who took some pics of her booty with her camera phone and emailed them to some 15 year old boys. It is not apparent that anybody complained (Every 15 year old boy I've ever known would have loved it), but obviously somebody found out (boys probably showed their friends and a teacher overheard something) and called the police. Now the local prosecutor says the girl is a child sex predator for producing "child porn" (of herself!) and the boys are child sex predators for having received "child porn" on their phones. If she'd have lined the boys up and let them all go down on her instead of taking pictures, it'd be OK. How do you figure that?

Look at how many death row inmates have been exonerated recently due to modern forensics (mainly DNA evidence). These are people who have been in jail for 20, 30 plus years, they were convicted and have been waiting to die at the hands of the state and now we have proof they were innocent the entire time.

Look at how many people have been charged with murder for shooting a criminal who broke into their home in the middle of the night.

Police and prosecutors DO NOT serve you. They DO NOT have your best interests in mind. They are employees of the STATE, plain and simple. Their job is to arrest and prosecute and they have every motivation to stretch the laws to suit their case. While the public will tend to interpret laws liberally and biased toward freedom, state officials paid to enforce those laws will tend to interpret them very strictly and biased against freedom. Case in point, courts have ruled that a holster pistol does not "warrant alarm for the safety of others", yet police continue to insist that open carriers are in violation of that very law.
 

Bear 45/70

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Joined
May 22, 2007
Messages
3,256
Location
Union, Washington, USA
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tricityguy wrote:
What I mean is that if they charge you and they don't have a case well then they don't have a case...
No, you are jaded about how the justice system works. Prosecutors charge people all the time when they have little or no case. Often times, they win anyway. Even when they don't, they make the life of their target a living hell for months or years, costing people a lot of money, time and agony, and in many cases their jobs and marriages. Prosecutors RARELY drop charges. They do not like to be wrong. When they bring charges they are often very aggressive about prosecuting even in the face of undeniable evidence their victim is not guilty, or even with a complete lack of evidence. Prosecutors and police have been caught many times out right FABRICATING evidence against people.

Again, we go back to the case I mentioned earlier, we have a 15 year old girl who took some pics of her booty with her camera phone and emailed them to some 15 year old boys. It is not apparent that anybody complained (Every 15 year old boy I've ever known would have loved it), but obviously somebody found out (boys probably showed their friends and a teacher overheard something) and called the police. Now the local prosecutor says the girl is a child sex predator for producing "child porn" (of herself!) and the boys are child sex predators for having received "child porn" on their phones. If she'd have lined the boys up and let them all go down on her instead of taking pictures, it'd be OK. How do you figure that?

Look at how many death row inmates have been exonerated recently due to modern forensics (mainly DNA evidence). These are people who have been in jail for 20, 30 plus years, they were convicted and have been waiting to die at the hands of the state and now we have proof they were innocent the entire time.

Look at how many people have been charged with murder for shooting a criminal who broke into their home in the middle of the night.

Police and prosecutors DO NOT serve you. They DO NOT have your best interests in mind. They are employees of the STATE, plain and simple. Their job is to arrest and prosecute and they have every motivation to stretch the laws to suit their case. While the public will tend to interpret laws liberally and biased toward freedom, state officials paid to enforce those laws will tend to interpret them very strictly and biased against freedom. Case in point, courts have ruled that a holster pistol does not "warrant alarm for the safety of others", yet police continue to insist that open carriers are in violation of that very law.
Damn! My day is sucking really bad. First I have to agree with 911Boss and now I have to agree with tricityguy. This probably guarantees no deer this afternoon too.
 

DEROS72

Regular Member
Joined
Jul 18, 2008
Messages
2,817
Location
Valhalla
imported post

tricityguy wrote:
What I mean is that if they charge you and they don't have a case well then they don't have a case...
No, you are jaded about how the justice system works. Prosecutors charge people all the time when they have little or no case. Often times, they win anyway. Even when they don't, they make the life of their target a living hell for months or years, costing people a lot of money, time and agony, and in many cases their jobs and marriages. Prosecutors RARELY drop charges. They do not like to be wrong. When they bring charges they are often very aggressive about prosecuting even in the face of undeniable evidence their victim is not guilty, or even with a complete lack of evidence. Prosecutors and police have been caught many times out right FABRICATING evidence against people.

Again, we go back to the case I mentioned earlier, we have a 15 year old girl who took some pics of her booty with her camera phone and emailed them to some 15 year old boys. It is not apparent that anybody complained (Every 15 year old boy I've ever known would have loved it), but obviously somebody found out (boys probably showed their friends and a teacher overheard something) and called the police. Now the local prosecutor says the girl is a child sex predator for producing "child porn" (of herself!) and the boys are child sex predators for having received "child porn" on their phones. If she'd have lined the boys up and let them all go down on her instead of taking pictures, it'd be OK. How do you figure that?

Look at how many death row inmates have been exonerated recently due to modern forensics (mainly DNA evidence). These are people who have been in jail for 20, 30 plus years, they were convicted and have been waiting to die at the hands of the state and now we have proof they were innocent the entire time.

Look at how many people have been charged with murder for shooting a criminal who broke into their home in the middle of the night.

Police and prosecutors DO NOT serve you. They DO NOT have your best interests in mind. They are employees of the STATE, plain and simple. Their job is to arrest and prosecute and they have every motivation to stretch the laws to suit their case. While the public will tend to interpret laws liberally and biased toward freedom, state officials paid to enforce those laws will tend to interpret them very strictly and biased against freedom. Case in point, courts have ruled that a holster pistol does not "warrant alarm for the safety of others", yet police continue to insist that open carriers are in violation of that very law. .
I would agree to a point.In that I have argued the point with several LEO"S regarding a holstered weapon and a couple just seemed to make the rules as they go along.
 

just_a_car

Regular Member
Joined
May 28, 2007
Messages
2,558
Location
Auburn, Washington, USA
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thebastidge wrote:
"The beauty about Prosecutors is that they work for the STATE, sooo he would have to find a very good reason why he is charging you... and it would have to be more than impeccable... "

Hopefully, I'm reading you wrong here... you really think that there are any realrepercussions for a District Attorney charging someone with a less than impeccable case? Look at the stats for prosecutions which do not result in conviction. It is almost entirely up to the DA to decide to charge someone or not. There's no real oversight. People are charged with things all the time that they either didn't do or that there is not enough evidence to convict with.

You at least have to be prepared for the possibility that you will bve indicted in any case involing a firearm injury or death, even if you are completely convinced you acted in justified self-defense.

And there are plenty of people who are in jail wrongly. They are a very small minority, but they are there.
Yes, they call it Malicious Prosecution: RCW 9.62.010 and it includes "Every person" that intentionally tries to get you arrested and prosecuted for a crime for which you are innocent. If the prosecutor is aware that OC is legal and continues prosecution, depending on the what they charge you with, they can be facing either a misdemeanor or a Class C felony.

There is no exception for LEO's or Gov't Officials... it says "Every person."

How's that for repurcussions?
 

tricityguy

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It's OK, Bear. We are all reasonable people here so chances were high we'd eventually agree on something. I'm warning you, though, this won't be the last time. ;)
Hell, keep this up and we just might become friends one day. :what:
 

thebastidge

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Joined
May 6, 2007
Messages
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Location
2519 E Fourth Plain Blvd, Vancouver Washington, US
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"Yes, they call it Malicious Prosecution: RCW 9.62.010 [...]

How's that for repurcussions?"


Yes, the mechanism exists, but (no sarcasm or snarkiness intended) how often does this law get invoked? How many cases of this have actaully resulted inconviction in say, the last 50 years in Washington?

Even accepting that a lot of guilty people go free, how many cases of innocent people being persecuted vs persecutors being prosecuted?


And Shakul is not jaded, but naive about how the system works.
 

shakul

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Joined
Oct 19, 2008
Messages
69
Location
Seattle, Washington, USA
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No no no... Just because I presented that argument does not mean I am naive... I am just pointing out that the systems for these things are in place... All you have to do is press the issue... Get a good lawyer and press the issue with them. it's not about whether or not it has been used in the past 50 years but whether or not people are willing to go the extra mile for this.

Edit:

Remember this is just a discussion, a debate yea sure I've come up with the wrong conclusions in other posts and maybe I'm not the best at writing my comments coherently (at least for the most part I can spell all the words :p). But I'm just trying to get a point across that not everything is as bad as people see. And the reason we don't hear about those laws being used is because the government like big companies pay people off. And most people rather get paid off then press the issue. My dad works for a cig company and we all know that in the 80's-90's people were getting paid off out the ass by Phillip Morris, BAT, and R.J. Reynolds (just to name a few). But when they started paying people off no one really noticed, it was only until the MEDIA started picking this stuff up that it was all over the TV/Newspaper/Radio. For the moment we are in those beginning steps we are what the Anti SMoking crowd was in the 70's-80's a small movement, but we started much much smaller. We've gotten more laws passed and ratified because of the pressure that we've put upon our law makers. But it will be our turn some day like it was for everyone else all we need is to educate more people and get them all on our side.
 

Bear 45/70

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Joined
May 22, 2007
Messages
3,256
Location
Union, Washington, USA
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tricityguy wrote:
It's OK, Bear. We are all reasonable people here so chances were high we'd eventually agree on something. I'm warning you, though, this won't be the last time. ;)
Hell, keep this up and we just might become friends one day. :what:
That kind of talk will end you up like tis guy.
hunterrunningfrombearlgclr5ju.gif
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