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Old 03-31-11, 06:26 PM   #1
Platapus
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If you read the court's opinion, what they are saying is that this person can't sue the DA's office. He can still go after the individual prosecutor.

But in any case, I think this is BS. It only goes to show that there is little difference between an ADA and a defense attorney. Both will lie and pervert justice in order to further their careers.

Any belief that an ADA is "out for justice" or "on our side" is sophistry.

Forget any civil suit, if it is demonstrated that an ADA withheld evidence, there should be criminal charges, and if found guilty the ADA needs to go to prison.

People who lie in court need to be punished or our legal system won't work.

One of our most precious rights is not our freedom of speech, nor our freedom to arm bears. These are small spuds.

Our most precious right is the right to due process. Due process is what keeps the government from enslaving the citizens. Any ADA who violates the concept of Due Process needs to be punished. I can think of no greater crime against a citizen then to deny them due process.

I got a wacky idea. How about requiring the prosecutor and the defense attorney to be under oath during court trials.

It is kinda strange that everyone else who talks in court has to be under oath but not the attorneys? Hell, I even want the judge to be under oath.

Cases like this make me very angry and scared at the same time.

An innocent man imprisoned because an ADA was more concerned with his/her conviction ratio than justice.

I fear ADAs more then I fear defense attorneys.
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Old 03-31-11, 08:29 PM   #2
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How about requiring the prosecutor and the defense attorney to be under oath during court trials.
Can't do it. I can see the prosecutor under oath - he needs to be presenting as honest as a case as he can. While it pains me to say it - a defense attorney under oath would often rob his client of his right to the "reasonable defense" he is entitled to. Many times a defense attorney knows his client is guilty, yet under the law, is obligated to try and negate the truth he knows.

No, I don't think a lie is ok - but I also can see where situations could arise where no defense attorney in the world could defend someone - removing one of the critical protections that all citizens enjoy when under a judicial proceeding - the right to effective counsel.
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Old 03-31-11, 08:41 PM   #3
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Can't do it. I can see the prosecutor under oath - he needs to be presenting as honest as a case as he can. While it pains me to say it - a defense attorney under oath would often rob his client of his right to the "reasonable defense" he is entitled to. Many times a defense attorney knows his client is guilty, yet under the law, is obligated to try and negate the truth he knows.

No, I don't think a lie is ok - but I also can see where situations could arise where no defense attorney in the world could defend someone - removing one of the critical protections that all citizens enjoy when under a judicial proceeding - the right to effective counsel.
Sure it would work. The defense is only representing the defendnts lies. The prosecution may represent the evidence collectors lies.
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Old 03-31-11, 11:55 PM   #4
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Disgusting, SCOTUS seems to think hiding evidence to ensure a conviction was a 'mistake' ? How much more deliberate would it need to be to sway Thomas' opinion ?

This system IS broken, the DA's office violated Thompsons right to due process and a fair trial, and SCOTUS sides with the prosecutors ?

I'm ashamed for America.
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Old 03-31-11, 11:59 PM   #5
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I'm ashamed for America.
I become more ashamed for and of America every day. Been that way for about 15 years.
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Old 04-01-11, 12:06 AM   #6
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One must always ask the judge during jury selection if nulification will be explained and discussed. If the answer is no, demand it. It comes down to 'We the People', not we the lawyers who have become judges.
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