Ditkaless Wonders said:
Zow said:
I've spoken and known prosecutors who have wrongly convicted innocent men. I can't
imagine
the guilt they must feel.
Most prosecutors, like most people, are good
people. As much as I sometimes get frustrated
with them they have an equally tough job.
I have never known any prosecutor to convict anybody, ever.
Fair enough.Prosecuted.
I may have been a few drinks deep when I wrote that last night.
I have no problem with having prosecuted a person who turns out to be innocent. But I will not prosecute a person if the evidence doesn't make me believe the person committed the crime. A reason we give all evidence to the defense is to get the right result, justice doesn't work if we're too concerned with "winning" each trial.
Prosecutors are falable people like anyone else, but there is an ethical duty we all need to live by.
There is case law stating that prosecutors have a higher ethical duty than other lawyers, meaning the defense bar.
In Colorado the case law indicates that a prosecutor should not take a matter to trial absent a good faith belief he or she has sufficient evidence to obtain a conviction. That standard is described as exceeding the standard for establishing probable cause. Tension comes in when there is clearly probable cause, the Victim(s) and the Police want the matter prosecuted, the Press is involved seeking whatever they think is justice or will sell ads, and the Office is exerting pressure because it is getting pressure from Outside political arenas and yet the Prosecutor may doubt, in good faith, that they can obtain a conviction. What then? Dismiss the case? Seek a pleas bargain? Try the matter.
I have seen some prosecutors figure they should just try the matter, allowing the judge or jury to sort it out. I have seen some seek advice from their boss. The rules of professional conduct provide an out here in that if the boss wants the matter tried, they, by virtue of their position and experience are deemed the more accurate judge of what should be done, so the assigned Prosecutor can take refuge there and worry no more.
One answer is to request follow up investigation by the Police and to contact the victims and witnesses for further interviews and exposition. That does not always resolve the quandary.
Some Prosecutors I know rely on the fact that Defendants are represented, and when pro se that the Judge is looking out for their rights no matter what the judge may claim. They rely on the inherent protections of due process to insure and safeguard a just result.
I do note that having some doubts about the ability to convict at trial is not the same as having a good faith belief that you will not be able to do so.
All of this does not occur, of course, in a vacuum. Prosecutors have personality traits and various abilities and ambitions. Some worry about conviction rates, some about appearing soft by dismissing matters. Some love being in trial, others clearly are marking time before going into private transactional work at Daddy's firm. These matters should not effect ethical decisions but Prosecutors are people, by definition imperfect.
The personality of Defense Counsel also has an effect. Some can graciously assist in moving matters towards a dismissal, and some can be so offensive that they generate resistance at every turn, doing their client no favors.
