Webb case: Any difference between US and the 3rd world?

[simonov jr]

So Jim Webb's aide walked on charges he illegally entered the Capital with a concealed handgun due to "lack of probable cause" (link below). Does anyone doubt what would happen if any of us had been in the same circumstances? Should we call US Attorney Jeff Taylor and "thank" him for blurring the line between us and Nigeria? (HIS link below). The only possible (unintended) benefit of this is that maybe, just maybe, this has provided a legal precedent for dismissed similar charges against a "regular" citizen. Any thoughts?


http://fredericksburg.com/News/FLS/2007/042007/04282007/279797

http://www.usdoj.gov/usao/dc/

 

[liliysdad]

Its called prosecutorial discretion. There are a lot of cases that are declined by District Attorneys everyday for various reasons, not the least of which is the fact that the accused is simply a decent person who screwed up. I see this happen to everyday folks quite frequently. You just dont hear about them if the person or incident is not high profile.

 

[Eghad]

I think around 97 percent of the cases in this country end up in a plea bargain. So essentially most folks get to make a deal not just a politicians aide. Not to mention the fact that taking the case to court may have been a waste of time and money if it was proven that he was taking the bag at the request of Webb and he had no knwoledge of the contents.

"After reviewing and analyzing all of the evidence in the case, we do not believe the essential elements of the crime of carrying a pistol without a license can be proved beyond a reasonable doubt,"

So should we waste valuable court time on a case that will probably be aquitted or use that time for a real criminal who has harmed someone?

 

[Waitone]

We can make all the economic and rational justification we want for not prosecuting but at the end of the day the effect is still the same. We have a body of law used by the ruling class when it serves its purposes and not used by same when it is inconvenient or embarrasing. Given sufficient time the situation will deteriorate into a dual system of justice.

 

[ConfuseUs]

Webb case: Any difference between US and the 3rd world?

Yes, our standard of living. As far as law and order, well, no, not really. If you have money and/or connections you get your wrist slapped. If you have neither, you get owned. Of course, we DO have more law and order than Nigeria, but that's looking at the gray areas.

 

[liliysdad]

We can make all the economic and rational justification we want for not prosecuting but at the end of the day the effect is still the same. We have a body of law used by the ruling class when it serves its purposes and not used by same when it is inconvenient or embarrassing. Given sufficient time the situation will deteriorate into a dual system of justice.

Did you read what I posted? This happens every single day, to folks like you and me. Every day a DA somewhere declines to file a case, and the reason? "The betterment of justice."

What I find amusing is the fact that everyone screams and cries when a normal person is charged for something like this. However, when someone, such as the aide, is not charge, you scream and cry just as loudly. Which do you want?

It would seem that many of you truly do want a 2-class society. You wish that the upper class, the connected, the fortunate, are punished MORE than the commoner.

 

[Waitone]

Did you read what I posted? This happens every single day, to folks like you and me. Every day a DA somewhere declines to file a case, and the reason? "The betterment of justice."

Yeah, I read each and every word you wrote and what's more I understood each and every word. Just because it happens every day to multitudes of people DOES NOT MAKE IT RIGHT. Trust me when I tell you I know far more about that of which I speak than you might imagine.

What I find amusing is the fact that everyone screams and cries when a normal person is charged for something like this. However, when someone, such as the aide, is not charge, you scream and cry just as loudly. Which do you want?

Neither. I want a level playing field.

It would seem that many of you truly do want a 2-class society. You wish that the upper class, the connected, the fortunate, are punished MORE than the commoner.

Your construction, not mine.

 

[NukemJim]

Neither. I want a level playing field

+1

NukemJim

 

[liliysdad]

Neither. I want a level playing field.

As I stated, it is a level playing field. This happens everyday to both common folks and the more infuential. That, in my opinion, makes it level. The only reason it seems that the rich and powerful get away with more is because you hear about it. The everyday guy who is arrested, and released without being charged never makes the news.

 

[stevelyn]

Lillysdad,

I see cases declined too and on a few as investigating officer, I've recommended that cases be dismissed for reasons you've already stated.

However, I don't believe for one 'effin' second that the prosecutor dismissed this case just because Webb's aide "was a good guy who screwed up". This was a decision based on connection and status. Pure and simple.

This was DC.....the Cesspool on the Potomac:barf: for crissake. A jurisdiction that every idiot knows has a total handgun ban.:barf:

Do you really think that that prosecutor or any other one would have exercised the same level of prosecutorial descretion and dismissed the case had it been any of us caught carrying a banned handgun inside DC?

I didn't think so. Most of us don't have the same political pull. We would be burned at the stake and demonized in the media.