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re: DA’s should be held accountable

Posted on 9/29/22 at 5:18 pm to
Posted by Crimson
Member since Jan 2013
1330 posts
Posted on 9/29/22 at 5:18 pm to
Well you have to admit something is wrong with the current approach and accountability should not exist solely in the political arena.

How does a DA not prosecuting a crime and releasing someone on zero bail then the accused goes out and kills someone else not raise to the level of negligence? In any other arena (eg health care) if I'm the family of the second victim I see immediate culpability in the negligent DA and sue them.
Posted by Big Scrub TX
Member since Dec 2013
33403 posts
Posted on 9/29/22 at 5:20 pm to
quote:

For crimes committed by people they refused to prosecute. We need to pass state and federal laws where if someone they refused to prosecute or let off with a leaser penalty and commits a violent crime, the DA should be disbarred for 10 years and spend at least 5 in prison dependent on the crime.
It's interesting that you are now all of a sudden outraged. In the past, they have been ENTIRELY UNACCOUNTABLE for false/shaky convictions - even after misbehavior is clearly revealed.
Posted by 93and99
Dayton , Oh / Allentown , Pa
Member since Dec 2018
14400 posts
Posted on 9/29/22 at 5:24 pm to
quote:

And, under the OP proposal, the prosecutor in both of those cases would be subjecting himself to civil liability (or possibly criminal responsibility) if he DID NOT prosecute both of those cases.



It was obvious Rittenhouse was innocent.

That fairy boy chose to prosecute.
Posted by Big Scrub TX
Member since Dec 2013
33403 posts
Posted on 9/29/22 at 5:26 pm to
quote:

And, under the OP proposal, the prosecutor in both of those cases would be essentially COMPELLED to prosecute. Otherwise, he would be subjecting himself to civil liability (or possibly criminal responsibility) if he DID NOT prosecute both of those cases.

If he just dismissed them, or pleaded them down, he would be looking at the possibility of losing his career if any of the defendants engaged in recidivism.
Just another quality small government idea from a small government conservative - who no doubt rants about the law of unintended consequences in most other areas.
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 9/29/22 at 5:26 pm to
quote:

It was obvious Rittenhouse was innocent.
Under the OP proposal, that would be utterly irrelevant. If the prosecutor declines to pursue those charges (for whatever reason), and Rittenhouse later committed a felony, the prosecutor would be looking at jail time and loss of his ability to make a living.

He would have no choice whatsoever but to try every case to the jury.
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 9/29/22 at 5:28 pm to
quote:

Just another quality small government idea from a small government conservative - who no doubt rants about the law of unintended consequences in most other areas.
Maybe he can show what flaw he sees in the analysis. If a prosecutor is facing jail time and loss of licensure for pleading down the case, is he going to try every case? Yes or no?
This post was edited on 9/29/22 at 5:42 pm
Posted by SquatchDawg
Cohutta Wilderness
Member since Sep 2012
14179 posts
Posted on 9/29/22 at 5:35 pm to
DA’s need to prosecute the law whether they agree with it or not. Changing laws is the responsibility of the legislature…not the DA.

We’re not talking about not pursuing a case because of shoddy evidence. We’re talking about not pursuing charges when the evidence is clear or letting people out without bail that are clear dangers to society.

Any that refuse to do it should be impeached and replaced.
This post was edited on 9/29/22 at 5:38 pm
Posted by Big Scrub TX
Member since Dec 2013
33403 posts
Posted on 9/29/22 at 5:37 pm to
quote:

Maybe he can what flaw he sees in the analysis. If a prosecutor is facing jail time and loss of licensure for pleading down the case, is he going to try every case? Yes or no?
This will be the ONE time when government employees don't respond to obvious incentives.
Posted by Big Scrub TX
Member since Dec 2013
33403 posts
Posted on 9/29/22 at 5:38 pm to
quote:

We’re talking about not pursuing charges when the evidence is clear
How often would you say that happens?
Posted by Trevaylin
south texas
Member since Feb 2019
5872 posts
Posted on 9/29/22 at 5:40 pm to



yep
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 9/29/22 at 5:45 pm to
quote:

We’re not talking about not pursuing a case because of shoddy evidence. We’re talking about not pursuing charges when the evidence is clear or letting people out without bail that are clear dangers to society.
And WHO will be deciding, after the fact, whether a case meets this odd, subjective set of standards?

AGAIN, the DA will prosecute EVERY case, rather that risking his career and/or his freedom by pleading a case down.

The OP presents perhaps the dumbest conceivable “reform” of the criminal justice system.
Posted by wfallstiger
Wichita Falls, Texas
Member since Jun 2006
11423 posts
Posted on 9/29/22 at 5:47 pm to
The entire judicial system should be held accountable

FIFY
Posted by KAGTASTIC
Member since Feb 2022
7989 posts
Posted on 9/29/22 at 5:48 pm to
I agree. Doesn't TX AG have an issue with DAs being able to do what they want? Heard national interviews with saying this.

Sounds like he's trying to push for the state legislature to do something about it. Perhaps they can throw this in it whatever they come up with. If TX legislature does anything as I hear it's pretty dem friendly rinos filled.
Posted by Jasharts77
Knoxville
Member since Nov 2019
502 posts
Posted on 9/29/22 at 5:53 pm to
End implied immunity, they lock the wrong people up all the time. They should have to stand up and be accountable for it.
Posted by Indefatigable
Member since Jan 2019
26202 posts
Posted on 9/29/22 at 5:54 pm to
quote:

They should have to stand up and be accountable for it.

DA is an elected position.
Posted by cwill
Member since Jan 2005
54752 posts
Posted on 9/29/22 at 5:57 pm to
Nobody will take the job. Or you will have the injustice flow hard in the other direction.

The default on both sides appears to be to massively over correct and end up in the opposite ditch.
This post was edited on 9/29/22 at 5:59 pm
Posted by DisplacedBuckeye
Member since Dec 2013
71550 posts
Posted on 9/29/22 at 6:05 pm to
quote:

The default on both sides appears to be to massively over correct and end up in the opposite ditch.



Setting the expectation for someone to do their job isn't an overcorrection.
Posted by NC_Tigah
Carolinas
Member since Sep 2003
123887 posts
Posted on 9/29/22 at 6:07 pm to
quote:

Nobody will take the job.
Not buying it.
The malpractice threat for these goobs is a fraction of what their field impacts on others.
Posted by Powerman
Member since Jan 2004
162217 posts
Posted on 9/29/22 at 6:15 pm to
quote:

Setting the expectation for someone to do their job isn't an overcorrection.

Throwing someone in jail that doesn't do their job to your satisfaction is an overcorrection and the unintended consequences would likely be severe
Posted by DisplacedBuckeye
Member since Dec 2013
71550 posts
Posted on 9/29/22 at 6:20 pm to
quote:

Throwing someone in jail that doesn't do their job to your satisfaction is an overcorrection and the unintended consequences would likely be severe


It isn't about an individual's personal satisfaction. They're not doing their job according to the law. I probably wouldn't throw everyone in jail, but they shouldn't be immune from consequences up to and including criminal sanctions in severe cases.
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