- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
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
10
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 9:57 am to rumproast
quote:
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.
True but we really need both.
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 10:15 am to rebelrouser
quote:
True but we really need both.
I'm willing to discuss both, but there aren't that many options for tort reform.
And please don't say loser pays.
Posted on 1/19/24 at 10:17 am to SlowFlowPro
Loser pays.
Posted on 1/19/24 at 10:27 am to beachdude
quote:
Loser pays.
Posted on 1/19/24 at 10:42 am to rumproast
quote:Or prosecutorial misconduct. Stefanik called them out and they want her censored.
"Prosecution reform"
Posted on 1/19/24 at 10:59 am to SlowFlowPro
quote:Why?
And please don't say loser pays.
Why, if someone brings a frivolous suit against me, should I be required to pay attorney fees, take time away from work, and suffer stress and reputational damage without remuneration?
What is the disincentive for a plaintiff to bring such an action?
Posted on 1/19/24 at 11:07 am to NC_Tigah
quote:1. Not all cases that lose are "frivolous"; juries can be really dumb.
Why?
2. Loser already does pay, in Louisiana, for everything except attorney's fees. A simple jury trial will cost at least $25k, factoring in experts and the jury cost. So there already is a disincentive.
Posted on 1/19/24 at 11:10 am to NC_Tigah
quote:
Why?
Because I'd imagine at least 95% of cases that are at issue in these discussions have clear liability and would just increase insurance costs dramatically (as the insurer would now have to pay Gordon even more money). You would actually make shitty small claims even more viable for car wreck mills.
quote:
Why, if someone brings a frivolous suit against me, should I be required to pay attorney fees, take time away from work, and suffer stress and reputational damage without remuneration?
There are already mechanisms in place to be awarded attorney's fees for legitimately frivolous suits.
I'm sure your state has one of these functions.
Posted on 1/19/24 at 11:19 am to NaturalBeam
quote:Juries can be very dumb indeed. That's how John Edwards made millions of bucks presenting bullshite cases.
Not all cases that lose are "frivolous"; juries can be really dumb.
quote:Interesting. So a LA medmal plaintiff pays medical specialists $10K-$30K+ for lost work time and reputational damage? Really?
for everything except attorney's fees
Posted on 1/19/24 at 11:20 am to SlowFlowPro
It's hilarious that for DECADES Republicans ran on the polar opposite of every single one of those issues
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 11:23 am to NC_Tigah
quote:
Why?
Why, if someone brings a frivolous suit against me, should I be required to pay attorney fees, take time away from work, and suffer stress and reputational damage without remuneration?
What is the disincentive for a plaintiff to bring such an action?
In many places, you can get your fees back for a frivolous suit.
Posted on 1/19/24 at 11:23 am to SlowFlowPro
quote:"Legitimately frivolous suits"
There are already mechanisms in place to be awarded attorney's fees for legitimately frivolous suits.
In the eyes of the legal community legitimately frivolous suits are nonexistent. Otherwise, why would an ambulance chaser take the case up?
Posted on 1/19/24 at 11:26 am to NC_Tigah
quote:
In the eyes of the legal community legitimately frivolous suits are nonexistent.
Didn't the woman who sued LSU and its lawyers over fake sexual harassment claims get tagged with paying LSU and Les Miles' attorney fees less than a month ago? That is just a high profile example.
Obviously rare, but it does happen.
Posted on 1/19/24 at 11:30 am to Indefatigable
quote:Sans countersuit, detail that claim
should I be required to pay attorney fees, take time away from work, and suffer stress and reputational damage without remuneration?
---
you can get your fees back for a frivolous suit.
Posted on 1/19/24 at 11:34 am to NC_Tigah
quote:
Sans countersuit, detail that claim
Not sure what you mean, or why you would exclude counterclaims, since that is probably how you're going to have to recover reputation damages and those types of things--those are usually not included in the bucket with costs/fees/expenses/"direct" costs. But Louisiana at least has multiple statutes allowing for recovery of fees and costs in response to frivolous claims and appeals, and they wouldn't require a countersuit (or reconventional demand as it is called here). A defendant would simply invoke those statutes as part of its defense and request that the Court grant an award of its fees/costs/whatever the particular statute allows.
This post was edited on 1/19/24 at 11:36 am
Page 1 of 6
Popular
Back to top
Follow TigerDroppings for LSU Football News