VeryVeritas
Former Member
- Joined
- Nov 17, 2010
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Hmm. Doesn't anyone remember Mike Nifong? I am not saying all prosecutors are like that, but sometimes people trust too much that police and prosecutors are going to do the right thing.
This is very true - Everyone has a different objective. LE wants to Solve the case and pin it on someone. Unfortunately, they look bad if they can't solve the case vs. pin it on someone who simply looks guilty and they have enough circumstantial evidence to pin it on them. Essentially, our systems says a person is innocent until proven guilty. However, if you have no alibi, have no memory, were the last person to see someone alive, etc... Those are gaping opportunities for circumstantial evidence to be shaped into an arrow that points at you. Being innocent but vulernable in this way then should cause someone to WANT to help solve the case so they themselves aren't falsely accused. Yet in doing so, "anything they say, can and will be used against them" so they need to proceed with caution. Others who know they have no involvement may choose a strategy to just stay the hell away from it all so they can't be implicated in any way. The Prosecutors role is different, they need a package of evidence that is solid enough to give them a conviction. Grand Juries regularly review evidence and determine that there just isn't enough to go on - even if someone may be fully guilty. There has to be sufficient evidence to not only have a trial but have a high probability of convincing a jury to convict. Aside from cases where people are framed, evidence planted or tampered with by LE or others, it's not so easy or cut and dry to "do the right thing." There is a lot of pressure to solve the thing, but there aren't infinite resources or infinite time available, if there were, every case would be solved and no innocents would be charged or convicted, and all guilty would be caught. But this isn't a perfect world. Our system juxtaposes these pressures of LE, Prosectors, and defendants (and if the defendants of $$ things move quite differently). Like all of our legal system it boils down to various compromises, and this is something that media loves to leverage and ratchet on people's emotions. We all have a sense of justice, and most of us have an ideal sense of justice. Yet in the world of compromises it always seems infuriating that guilty go free, innocents are charged or serve time, or pedophile teachers are suspended with pay for example. It is an imperfect machinery that balances our rights against the need for justice.
Even so, it can work better than it does. The more all people are involved in supporting and scrutinizing all aspects of the legal process (including what goes on in prisons and how inmates are treated) the better the machinery can work. Like most other problems in life and especially with human beings, an ounce of prevention is worth a pound of cure.