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re: Man charged with "manslaughter" after punching 61 yr old in back of head on Royal Street

Posted on 4/28/21 at 7:36 am to
Posted by Sao
East Texas Piney Woods
Member since Jun 2009
66137 posts
Posted on 4/28/21 at 7:36 am to
quote:

DA has nothing to do with booking charges. That’s 100% police discretion.


I only have watched Law and Order but I think you're wrong here. In terms of how the DA is solely responsible for the charges brought to trial that is.
This post was edited on 4/28/21 at 7:38 am
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
27472 posts
Posted on 4/28/21 at 7:42 am to
quote:

I only have watched Law and Order but I think you're wrong here. In terms of how the DA is solely responsible for the charges brought to trial that is.


Arresting officer makes an arrest and “books” them into the prison on whatever charges they see fit. Judge makes a finding of probable cause on the arresting charges within 72 hours of arrest. DA (usually an ADA) reviews the case within the time limits outlined in LA CCrP Art 701 and makes a “billing decision”. Depending on the severity of the charge, the ADA either files a Bill of Information or brings it before the grand jury seeking an Indictment. Either way, this constitutes actual institution of prosecution.

ETA: literally every state is different in its criminal procedure. Not only is media usually wrong, even when it’s accurate, it will only be accurate for the jurisdiction it depicts. As an example, Minnesota is the only state I know of that will allow a jury to convict someone of multiple lesser included offenses, as they did in the Chauvin trial. That shite blew attorneys’ minds across the country
This post was edited on 4/28/21 at 7:55 am
Posted by dgnx6
Baton Rouge
Member since Feb 2006
69375 posts
Posted on 4/28/21 at 10:23 pm to
quote:

I only have watched Law and Order but I think you're wrong here. In terms of how the DA is solely responsible for the charges brought to trial that is.


I believe you are rt. The DAs job is to get criminals convicted. They use the arrest reports and in more populated cities have their own investigation unit to help turn charges into convictions.

It's why Kamala billed herself the top cop of California.
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