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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 7:42 am to
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
28460 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 sec13rowBBseat28
St George, LA
Member since Aug 2006
15495 posts
Posted on 4/28/21 at 8:03 am to
Posted by Sao
East Texas Piney Woods
Member since Jun 2009
68123 posts
Posted on 4/28/21 at 8:10 am to

This is why I have more of a municipality and State government mindset when it comes to elections. A DA and his stump speech shouldn't come into play as a general rule. This case is a prime example. This kid shouldn't ever be allowed to walk the streets again. The DA should be held accountable and be publicly scrutinized if this remains manslaughter.
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