Justice For Thee But Not For Me...

[seer]

So the leftist District Attorney tried to throw out the charges to protect these radicals, but the judge was not having it - good for him!

A Massachusetts judge has decided to move forward with charges against several counterprotesters arrested during a "straight pride" parade in Boston this past weekend, despite requests from the district attorney to dismiss the caseshttps://www.usnews.com/news/best-sta...ade-protesters

[Sam]

Under what authority are the protesters being prosecuted?

One would think constitutional originalists would have a problem with this.

--Sam

So the leftist District Attorney tried to throw out the charges to protect these radicals, but the judge was not having it - good for him!

[Mountain Man]

Under what authority are the protesters being prosecuted?

One would think constitutional originalists would have a problem with this.

--Sam

According to the story, "officers were pelted with rocks, bottles of urine and other unidentified materials as the parade wound down, injuring at least four officers."

I don't think "orgininalists" would have a problem here.

[Sam]

Okay, then find me where in the state constitution the judiciary is getting this power of prosecution from.

--Sam

According to the story, "officers were pelted with rocks, bottles of urine and other unidentified materials as the parade wound down, injuring at least four officers."

I don't think "orgininalists" would have a problem here.

[Mountain Man]

Okay, then find me where in the state constitution the judiciary is getting this power of prosecution from.

--Sam

Are you under the impression that judges must accept a motion to dismiss?

[Sam]

If the state is not bringing charges in a criminal case, yes. Can you find me something in the MA (or federal, for that matter) constitution that says otherwise? Who's going to prosecute the case?

--Sam

Are you under the impression that judges must accept a motion to dismiss?

[Mountain Man]

If the state is not bringing charges in a criminal case, yes. Can you find me something in the MA (or federal, for that matter) constitution that says otherwise? Who's going to prosecute the case?

--Sam

Obviously the state prosecutor will be compelled to do their job.

[Sam]

For the record:



Great to see just how readily some folks here are ready to put on the jackboots, tho.

--Sam

[Sam]

On what authority? Who's deciding what constitutes "their job"? The judge? Find where that power is granted to the judiciary in the constitution.

Obviously the state prosecutor will be compelled to do their job.

[Teallaura]

Under what authority are the protesters being prosecuted?

One would think constitutional originalists would have a problem with this.

--Sam

The DA's - he requested to drop charges - meaning they were already charged.

Edit: double checked the article - at the very bottom, Rollins herself says these guys were already arraigned. The decision to prosecute had already been made.

The court has every right to deny the petition - courts are NOT rubber stamps - and once arraigned, the decision belongs to the court.

[Mountain Man]

The DA's - he requested to drop charges - meaning they were already charged.

Edit: double checked the article - at the very bottom, Rollins herself says these guys were already arraigned. The decision to prosecute had already been made.

The court has every right to deny the petition - courts are NOT rubber stamps - and once arraigned, the decision belongs to the court.

Right. That was my understanding as well, so I'm not entirely sure what Sam is going on about.

[Sam]

The DA's - he requested to drop charges - meaning they were already charged.

Edit: double checked the article - at the very bottom, Rollins herself says these guys were already arraigned. The decision to prosecute had already been made.

The court has every right to deny the petition - courts are NOT rubber stamps - and once arraigned, the decision belongs to the court.

If there's any basis for this in the constitution or case law, y'all are going to have to find it. Barring some showing of corruption or negligence, the judge has no authority to compel the State to pursue charges.


--Sam

[firstfloor]

Sin-nott should be renamed Sin-a-lot. What a disgrace.

[Cow Poke]

For the record:



Great to see just how readily some folks here are ready to put on the jackboots, tho.

--Sam

That's a bit over the top, Sam. It's an odd case, but there's usually more than meets the eye.

source

It will be interesting, if the case makes it to court, to see who will actually prosecute the case.

[Cow Poke]

I'm still looking for more details on this, but it appears the judge is being unduly activist...

He even held in contempt an attorney for arguing case law.

source

I'm having a hard time finding legal justification for the judge to order continuing prosecution when the DA's office has, in effect, withdrawn prosecution.