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re: Prosecutorial Misconduct Reform

Posted on 1/20/24 at 1:44 pm to
Posted by NYNolaguy1
Member since May 2011
21157 posts
Posted on 1/20/24 at 1:44 pm to
quote:

Go ahead and explain how this standard would be met.


If a prosecutor can show a defendant had mens rea to commit a crime, it shouldn't be a big burden to convince a jury that said prosecution benefits the public.

There's no shortage of people who get prosecuted on technicalities that serve no basis to public good. Or do you think all prosecutions are inherently benefitting society too?
Posted by Indefatigable
Member since Jan 2019
29951 posts
Posted on 1/20/24 at 1:49 pm to
quote:

it shouldn't be a big burden to convince a jury that said prosecution benefits the public.

Right. Restating the idea doesn’t answer my question.

How is that representation made? What are the elements the prosecution needs to show? What standard is the jury holding them to?


quote:

There's no shortage of people who get prosecuted on technicalities that serve no basis to public good. Or do you think all prosecutions are inherently benefitting society too?

I’ve never said that once with regard to prosecutions. All I’m saying is that your idea sucks.
This post was edited on 1/20/24 at 1:51 pm
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