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Started By
Message
re: Prosecutor says De’Andre Johnson’s victim committed no crime
Posted on 7/9/15 at 2:36 pm to SystemsGo
Posted on 7/9/15 at 2:36 pm to SystemsGo
quote:
The fact that you just quoted this as having conclusive weight makes me feel a great deal of empathy for your future offspring and a great deal of hope that you never produce any. The prosecutor is an advocate for his client. What you fullblownretardingly posted as being legally meaningful carries no more legal significance than the quote from Johnson's lawyer from an article that I'm sure is coming soon.
It appears that you are unfamiliar with the basics of our adversarial criminal justice system.
1
Posted on 7/9/15 at 2:37 pm to WDE24
quote:He is not saying it is the exact same thing. However, once a case is decided on the prosecutors office acts the same as any other attorney. They will say whatever shite makes their case look stronger and attempt to win
He is equating a prosecutor not bringing charges against someone with an attorney retained to represent someone. Not correct at all.
ETA: At least that is how I interpreted his point.
This post was edited on 7/9/15 at 2:40 pm
Posted on 7/9/15 at 3:22 pm to TheOcean
quote:
It appears that you are unfamiliar with the basics of our adversarial criminal justice system.
Actually I practice criminal defense law.
Hey, you're the guy who was asking the other day how to get me banned, right? Did you figure it out? You know...how to post a new thread on the help board? I know that's a lot to handle, but I think you can do it. Great talking to you as always, Mr. Ocean.
Posted on 7/9/15 at 3:25 pm to SystemsGo
quote:But you know nothing
Actually I practice criminal defense law.
Posted on 7/9/15 at 3:26 pm to SystemsGo
quote:Keep practicing.
Actually I practice criminal defense law.
Posted on 7/9/15 at 3:28 pm to WDE24
quote:Or you know, maybe you were the incorrect one
Keep practicing.
Posted on 7/9/15 at 3:28 pm to WDE24
Ouch.
Posted on 7/9/15 at 3:29 pm to lsupride87
Or you know, maybe I'm not. You think he is the only attorney around. They are everywhere. Way too many imo.
Posted on 7/9/15 at 3:30 pm to WDE24
quote:Trust me, I know. But the point he made was very simple and correct. What did he say that you thought was incorrect? You realize he was making a comparison correct?
They are everywhere. Way too many imo.
Posted on 7/9/15 at 3:31 pm to WDE24
quote:
Nope
He is equating a prosecutor not bringing charges against someone with an attorney retained to represent someone. Not correct at all.
A prosecutor not charging someone has much more legal significance than a lawyer advocating for his client in an article.
That's not precisely what I'm saying.
Did this quote come from before or after charges were filed, or a decision to file them had been made? Surely after. And once charges get brought he's an advocate for his client
So in sum:
1. The decision to bring charges is not going to be divorced completely from the merits of the case, but will be dictated as much or more by politics (i.e. PR, how does this look? Are we going to get bad press if we don't charge the football player? Does it really matter if the an assault case against the girl si orders of magnitude stronger if everyone's gonna think we're a bunch of assholes if we go that direction, etc. etc). And please don't claim this is me being cynical. This is absolutely how it works.
2. Once charges have been filed, it doesn't matter if the merits of the case are Nifong-level garbage, that's the prosecutor's case. He's an advocate. And in that sense, the stuff he says is every bit as biased toward one side as...
3. The criminal defense lawyer's quote will be toward the other.
Posted on 7/9/15 at 3:32 pm to SystemsGo
quote:From your very first post I considered it very clear. I think some people in here just read half of what you said and just wanted to have a "Haha i got you moment"
That's not precisely what I'm saying.
Did this quote come from before or after charges were filed, or a decision to file them had been made? Surely after. And once charges get brought he's an advocate for his client
So in sum:
1. The decision to bring charges is not going to be divorced completely from the merits of the case, but will be dictated as much or more by politics (i.e. PR, how does this look? Are we going to get bad press if we don't charge the football player? Does it really matter if the an assault case against the girl si orders of magnitude stronger if everyone's gonna think we're a bunch of assholes if we go that direction, etc. etc). And please don't claim this is me being cynical. This is absolutely how it works.
2. Once charges have been filed, it doesn't matter if the merits of the case are Nifong-level garbage, that's the prosecutor's case. He's an advocate. And in that sense, the stuff he says is every bit as biased toward one side as...
3. The criminal defense lawyer's quote will be toward the other.
Posted on 7/9/15 at 3:33 pm to lsupride87
quote:
What did he say that you thought was incorrect?
quote:While not conclusive by any means, the prosecutors decision not to charge is more legally significant by a long shot than an attorney advocating in the press for his client.
The prosecutor is an advocate for his client. What you fullblownretardingly posted as being legally meaningful carries no more legal significance than the quote from Johnson's lawyer from an article that I'm sure is coming soon
Posted on 7/9/15 at 3:33 pm to WDE24
quote:
They are everywhere. Way too many imo.
I agree with you, actually. The good news is that law school enrollment has been down for three straight years now.
Posted on 7/9/15 at 3:36 pm to WDE24
quote:He was not referring to the choice to charge or not. He was speaking in terms of how the prosecutor acts after charges have been filed.
While not conclusive by any means, the prosecutors decision not to charge is more legally significant by a long shot than an attorney advocating in the press for his client.
Posted on 7/9/15 at 3:40 pm to WDE24
quote:
While not conclusive by any means, the prosecutors decision not to charge is more legally significant by a long shot than an attorney advocating in the press for his client.
Well it's certainly more legally significant in the sense of it dictates whether a case becomes a case.
But it's not in the sense that (a) bogus charges are brought against people in every court in the country most days of he week, (b) once those charges are brought the prosecutor si going to say they are totally legit just like (c) the attorney for a dude who is guilty as sin will say the guy is innocent or maintains his innocence or is a victim of cirucmstances, blah blah.
Point is, when a guy is advocating on behalf of a client he's not weighing scales; he's tugging like a madman on one side.
Posted on 7/9/15 at 3:42 pm to WDE24
quote:
Keep practicing.
Everyday, holmes.
Posted on 7/9/15 at 3:43 pm to SystemsGo
quote:Though it probably shouldn't, practically it will also carry weight as it relates to DJs self defense claim.
Well it's certainly more legally significant in the sense of it dictates whether a case becomes a case.
Posted on 7/9/15 at 3:49 pm to WDE24
quote:
Though it probably shouldn't, practically it will also carry weight as it relates to DJs self defense claim.
If a judge is doing his job, it won't.
I'm not naive by any means, but I like to maintain a general expectation of 'judge as neutral arbiter'. Because if not, then the law just sucks. Like, all of it.
Posted on 7/9/15 at 3:52 pm to SystemsGo
quote:Cynical about prosecuters, but trusting of judges...hmm
I'm not naive by any means, but I like to maintain a general expectation of 'judge as neutral arbiter'.
Jk
Posted on 7/9/15 at 4:41 pm to lsupride87
quote:
Yeh. My dad is an attorney, and when i was 25 he explained to me that lawyers on both sides will say things that help their case. I was astonished!
Surely he was joking. That would be close to lying and we all know lawyers don't lie.
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