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Prosecutorial Misconduct Reform
Posted on 1/19/24 at 9:42 am
Posted on 1/19/24 at 9:42 am
One thing I don't see being discussed amid all of the talk about overzealous prosecutors charging Trump and J6ers is a solution to that problem.
What can be done about it? If a DA targets improperly investigates or charges someone without reasonable cause or because of political bias, can they be held accountable?
The corruption and dysfunction in DC is happening because people in our government don't have to worry about being accountable.
What can be done about it? If a DA targets improperly investigates or charges someone without reasonable cause or because of political bias, can they be held accountable?
The corruption and dysfunction in DC is happening because people in our government don't have to worry about being accountable.
This post was edited on 1/19/24 at 1:05 pm
Posted on 1/19/24 at 9:43 am to Jax-Tiger
quote:
What can be done about it? If a DA targets improperly investigates or charges someone without reasonable cause or because of political bias, can they be held accountable?
This has nothing to do with Tort Reform.
Posted on 1/19/24 at 9:53 am to Jax-Tiger
Yeah...tort reform deals with changing civil laws and procedures. (A "tort" is a "civil wrong"...like negligence.) You are talking about criminal charges. Apples and oranges. Maybe change your thread title to "Prosecution reform". Would make more sense then.
Posted on 1/19/24 at 10:14 am to Jax-Tiger
quote:
What can be done about it?
Reduce the number of criminal laws.
Reduce the penalties for violating criminal laws (especially non-violent ones).
Re-urge a more expansive reading of our 4th Amendment rights.
Fund Public Defenders Offices to match prosecutorial funding.
Permit personal liability for tortious actions of LEO/prosecutors.
Permit more expansive criminal liability for criminal violations by LEO/prosecutors.
Restrict government overreach in their abilities/powers to investigate crimes and accumulate documents/evidence.
Permit a more expansive system of pre-trial release and monitoring while eliminating obstacles like cash bail.
Somehow change how our citizens see these cases conceptually in order to reinstitute an actual judgment by criminal standards (very few juries actually hold the prosecution to beyond a reasonable doubt)
Posted on 1/19/24 at 11:21 am to Jax-Tiger
quote:
One thing I don't see being discussed amid all of the talk about overzealous prosecutors charging Trump and J6ers is a solution to that problem.
What can be done about it? If a DA targets improperly investigates or charges someone without reasonable cause or because of political bias, can they be held accountable?
The corruption and dysfunction in DC is happening because people in our government don't have to worry about being accountable.
My guy, nothing in your post relates to tort reform, which is a State issue.
Posted on 1/19/24 at 12:07 pm to Jax-Tiger
Any kind of tort or legal reform is basically useless unless you are willing to shred the constitution.
Posted on 1/19/24 at 2:38 pm to Jax-Tiger
quote:
One thing I don't see being discussed amid all of the talk about overzealous prosecutors charging Trump and J6ers is a solution to that problem.
90% of the problems in the justice system originate from a corrupted and politicized doj and fbi. They are at the top of the corruption pyramid and set the example of how far those below can abuse their power. Until there's a house cleaning, with jail time nothing will change in the united socialist states of america.
Posted on 1/19/24 at 5:09 pm to Jax-Tiger
quote:
CIVIL RIGHTS CONSPIRACY
18 U.S.C. § 241
Conspiracy Against Rights
Section 241 makes it unlawful for two or more persons to agree to injure, threaten, or intimidate a person in the United States in the free exercise or enjoyment of any right or privilege secured by the Constitution or laws of the United States or because of his or her having exercised such a right.
Unlike most conspiracy statutes, §241 does not require, as an element, the commission of an overt act.
The offense is always a felony, even if the underlying conduct would not, on its own, establish a felony violation of another criminal civil rights statute. It is punishable by up to ten years imprisonment unless the government proves an aggravating factor (such as that the offense involved kidnapping aggravated sexual abuse, or resulted in death) in which case it may be punished by up to life imprisonment and, if death results, may be eligible for the death penalty.
Section 241 is used in Law Enforcement Misconduct and Hate Crime Prosecutions. It was historically used, before conspiracy-specific trafficking statutes were adopted, in Human Trafficking prosecutions.
MISCONDUCT BY LAW ENFORCEMENT & OTHER GOVERNMENT ACTORS
18 U.S.C. § 242
Deprivation of Rights Under Color of Law
This provision makes it a crime for someone acting under color of law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States. It is not necessary that the offense be motivated by racial bias or by any other animus.
Defendants act under color of law when they wield power vested by a government entity. Those prosecuted under the statute typically include police officers, sheriff’s deputies, and prison guards. However other government actors, such as judges, district attorneys, other public officials, and public school employees can also act under color of law and can be prosecuted under this statute.
Section 242 does not criminalize any particular type of abusive conduct. Instead, it incorporates by reference rights defined by the Constitution, federal statutes, and interpretive case law. Cases charged by federal prosecutors most often involve physical or sexual assaults. The Department has also prosecuted public officials for thefts, false arrests, evidence-planting, and failing to protect someone in custody from constitutional violations committed by others.
A violation of the statute is a misdemeanor, unless prosecutors prove one of the statutory aggravating factors such as a bodily injury, use of a dangerous weapon, kidnapping, aggravated sexual abuse, death resulting, or attempt to kill, in which case there are graduated penalties up to and including life in prison or death. If charged in conjunction with 18 U.S.C. § 250, as noted below, all sexual assaults under color of law are felonies
Posted on 1/19/24 at 5:14 pm to Jax-Tiger
Drastically reduce the size of the federal government and the corresponding bureaucracy. Return those regulatory responsibilities to the states where they belong. The states can reach agreement with other states when needed.
Posted on 1/20/24 at 12:41 pm to Jax-Tiger
I have always thought adding an element of "benefitting the public good" should be required for any prosecution. Merely showing someone broke a law shouldn't be enough to prosecute if it doesn't benefit the public.
Jury nullification addresses this but is completely shunned by modern jurists.
Jury nullification addresses this but is completely shunned by modern jurists.
Posted on 1/20/24 at 12:50 pm to Jax-Tiger
Fuel the public message of illegitimate courts while the courts delegitimize themselves.
Deligitmize the universities producing these lunatics and the bar associations credentialing them.
Push it harder and harder until theirs is political will behind states counties and feds all ignoring each other.
Deligitmize the universities producing these lunatics and the bar associations credentialing them.
Push it harder and harder until theirs is political will behind states counties and feds all ignoring each other.
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