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    That's the end of that: BMC judged erred in...

    That's the end of that: BMC judged erred in trying to 'deny' nolle prosequi, Massachusetts Lawyers Weekly, 2019.09.09
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    By all means, active reading. For one, "unless...

    By all means, active reading. For one, "unless supervisor permission is obtained" clearly suggests that extenuating circumstances apply to all decisions. As does the clause "Thus, there will be an...
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    As I wrote earlier, there is evidence to suggest...

    As I wrote earlier, there is evidence to suggest that this kind of prosecutorial discretion ends ineffective and costly incarcerations that contribute to the legal system being clogged up with petty...
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    You're trying to find fault in this case with the...

    You're trying to find fault in this case with the "ass" judge and the "activist" DA. But there's no evidence that either is using a political agenda in this specific case. The only relevant questions...
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    There's that inside privileged information again....

    There's that inside privileged information again. You must be really tight with the Boston DA.

    Or you're demonstrating, again, the jackboot authoritarian tendency of deciding who's guilty and...
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    Another distinction that doesn't actually...

    Another distinction that doesn't actually demonstrate a difference. The DA, like others before her, is declining to prosecute on the basis of freedom of speech and assembly.

    If the argument is...
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    The case appears to have been dismissed at...

    The case appears to have been dismissed at arraignment, just like now. The case was dismissed then because the DA's office used prosecutorial discretion and declined to prosecute, just like now. The...
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    The article said some accused him of starting the...

    The article said some accused him of starting the fight. Under the rules being defined here, it would seem an important enough thing (shooting > protesting) that a judge would force the prosecution...
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    Glad you've been privy to all those details and...

    Glad you've been privy to all those details and internal deliberations. We're lucky to have you in Boston.

    --Sam
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    Okay, I admit I derive some grim humor from this...

    Okay, I admit I derive some grim humor from this.
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    I've heard courtrooms called "revolving door"...

    I've heard courtrooms called "revolving door" before but never heard of a one-way courtroom door: if the DA's office screwed up somewhere, that's notable. But the people hadn't been arraigned and...
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    :shrug: It definitely breaks up the order...

    :shrug:



    It definitely breaks up the order of normal read/response sometimes. Though not the motive, I would consider that to be a benefit!

    --Sam
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    Reportedly, the judge refused the DA's request...

    Reportedly, the judge refused the DA's request that they not be arraigned.
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    I find this question ironic since it's the...

    I find this question ironic since it's the defendants who are suffering harm by being arraigned and potentially forced to pay legal fees to defend against a charge the State doesn't actually want to...
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    So here's how I see this thing going down, though...

    So here's how I see this thing going down, though probably not before I light out for the prairies again:

    State supreme court overrules Suffolk judge rather quickly. If not, defendants make an...
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    Under what authority does the judiciary compel...

    Under what authority does the judiciary compel the prosecution of a defendant when the State determines that it won't bring or continue charges.
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    It's not very different, in my mind, from people...

    It's not very different, in my mind, from people who just post a quick reply without quoting who they're replying to. In a meaningful sense, it's the better method because it eliminates confusion.
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    The only thing I'm "hyper-focused" on here is the...

    The only thing I'm "hyper-focused" on here is the merit of the case in question. Someone asking "Well, how would you feel if this was about a rapist?!" is not advancing the issue at hand but rather...
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    We don't know the specifics of how things...

    We don't know the specifics of how things proceeded to this point but, yes, if the prosecutor is at fault in that regard, they're at fault.

    Does not change the constitutional issue at hand,...
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    "We screwed up and should not have charged this...

    "We screwed up and should not have charged this person with this offense" is definitely, without a doubt, a reasonable justification the State can use to not continue with a prosecution.

    I'm not...
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    If a judge decides, pre-trial, that "the...

    If a judge decides, pre-trial, that "the defendant actually broke the law" then that's a really big problem, dude.
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    The prosecution did provide grounds to drop...

    The prosecution did provide grounds to drop charges: these are non-violent offenders and the State would be better served if alternative methods were pursued. The State doesn't have to extensively...
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    Not just "seems silly". The judge has to have a...

    Not just "seems silly". The judge has to have a very good reason to deny the prosecution's decision to drop charges. The judge can't just decide "Nah, I want to see this play out in court."
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    Find it in the case law; where a nolle prosequi...

    Find it in the case law; where a nolle prosequi sometimes (not always) requires judicial consent, the judiciary needs a sufficient reason (e.g., corruption) to refuse. The court does not have "every...
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    The prosecutors' characterization of the group in...

    The prosecutors' characterization of the group in question is that they were non-violent protesters. To the extent people are saying otherwise, they've got a burden of evidence to meet.

    --Sam
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