I think a lot of people have a bad taste in their mouth for DA's because of the examples that get the attention, either bad (in fact or perception) cases or the legitimately bad individuals or areas which get highlighted e.g. CA, IL, or NJ. You don't hear about nice pitbulls and rottweilers either. It is a squeaky wheel case, but just like all prejudices there are enough bad examples to substantiate it or it wouldn't hold up like it does.
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Use of deadly force and civil litigation
- Thread starter River Rat
- Start date
Frank Ettin
Administrator
Yes, I agree that many people have a knee-jerk negative reaction to lawyers, prosecutors, judges, the criminal justice system, etc. And I also agree that such a view is unfair and uncalled for. But there are also police officers who don't follow proper procedure, prosecutors who are ambitious beyond reason, judges who have private agendas, etc. Granted these are in the minority, and most civil servants take their responsibilities to the community and the public very seriously.
The rub is that if you come to the attention of the criminal justice system, such as a result of being forced to use lethal force in self defense, you will not know immediately whether you are dealing with one of those vast legion of thoughtful and ethical civil servants or some aberrant one. It therefore is wise to be wary, to understand your rights and to be prepared to attend to matters in a way that doesn't needlessly expose yourself. If you are dealing with a professional and ethical police officer or prosecutor, he will understand. And if you have the extraordinary bad luck to be dealing with the other kind, you may at least be able to limit your grief.
As to the Duke lacrosse players, I don't believe that they sued the University. See http://www.newsobserver.com/content/media/2007/10/5/20071005_laxlawsuit.pdf.
The rub is that if you come to the attention of the criminal justice system, such as a result of being forced to use lethal force in self defense, you will not know immediately whether you are dealing with one of those vast legion of thoughtful and ethical civil servants or some aberrant one. It therefore is wise to be wary, to understand your rights and to be prepared to attend to matters in a way that doesn't needlessly expose yourself. If you are dealing with a professional and ethical police officer or prosecutor, he will understand. And if you have the extraordinary bad luck to be dealing with the other kind, you may at least be able to limit your grief.
As to the Duke lacrosse players, I don't believe that they sued the University. See http://www.newsobserver.com/content/media/2007/10/5/20071005_laxlawsuit.pdf.
As to the Duke lacrosse players, I don't believe that they sued the University. See http://www.newsobserver.com/content/...laxlawsuit.pdf.
They didn't have to. Duke felt that discretion was the better part of valor and folded early.
Frank Ettin
Administrator
Well while there appear to have been some monetary settlements paid by Duke to some students on the lacrosse team and to the coach, they are for an "undisclosed" amount. In my research, I haven't seen anything to suggest that the University might have made any substantial payments, and the University's exposure on the merits may well have been speculative.
At any rate, the point is that it is misleading to suggest that someone caught in a miscarriage of justice is necessarily likely to see a big payday at the end for his pains.
At any rate, the point is that it is misleading to suggest that someone caught in a miscarriage of justice is necessarily likely to see a big payday at the end for his pains.
Frank Ettin
Administrator
Yea, sure, we all know. It's old news. The real questions we struggle with from time to time are about what we need to know and how can we conduct ourselves so that in the event we are "being judged by twelve" we stand the best possible chance for a good outcome.ynot44706 said:Rather be judge by twelve than carried by six.
Frank Ettin
Administrator
Woke me up from my afternoon nap -- and that's why I was so grumpy.
Last edited:
Glenn E. Meyer
New member
Nothing like a necropost being raised with a CLICHE!