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Thread: Justice For Thee But Not For Me...

  1. #21
    tWebber
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    Quote Originally Posted by Cow Poke View Post
    Just out of curiosity, and in no way argumentative, why are you the only poster who speaks first, then quotes the other person?
    Either as a direct form of response, when I figure there won't be a gap between posts or when I'm responding to a point I don't think has enough substance to require it be read first.
    "I wonder about the trees. / Why do we wish to bear / Forever the noise of these / More than another noise / So close to our dwelling place?" — Robert Frost, "The Sound of Trees"


  2. #22
    tWebber
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    Quote Originally Posted by Cow Poke View Post
    Apparently this is a small battle in a bigger war - the DA appears to be acting as a social justice warrior more so than an officer of the court. Not excusing the judge's actions at all - just sensed there was more to this than "bad judge!!!".
    We're going to see more of this, as many DA candidates are now explicitly running on reversing the trend of aggressive prosecution of low-level crimes. It's important to understand both directions as valid; it's a difference in opinion as to how to use the criminal code to improve society, understanding that an overly-strict penal system is as bad or worse than an overly-lax penal system.

    --Sam
    "I wonder about the trees. / Why do we wish to bear / Forever the noise of these / More than another noise / So close to our dwelling place?" — Robert Frost, "The Sound of Trees"


  3. #23
    Troll Magnet Sparko's Avatar
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    Quote Originally Posted by Sam View Post
    For the record:

    Source: Rachael Rollins blasts judge for refusing to dismiss charges against nonviolent ‘Straight Pride Parade’ protesters. Nik DeCosta-Klipa. Boston.com 2019.09.03

    A total of 36 people were arrested during the parade Saturday. According to Rollins’s office, prosecutors are pressing forward in the cases in which the charges are violent in nature, including assault and battery on a police officer. However, 20 of the people arrested were charged only with disorderly conduct alone or disorderly conduct and resisting arrest. And in those cases, prosecutors have been asking Sinnott to drop the charges, according to the DA’s office.

    © Copyright Original Source



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

    --Sam
    Sounds like there is more going on here than just this case. The prosecutor isn't doing her job in prosecuting many crimes in general.

    From your article:



    Elected as Suffolk County’s first female district attorney last year, Rollins has garnered national attention for her progressive criminal justice platform, including a list of 15 petty crimes for which her office’s default stance is to not prosecute. Both disorderly conduct and resisting arrest, as a standalone charge or in combination with another charge on the list, are among the nonviolent offenses on the list.

    Rollins said Tuesday that, at her request, prosecutors were using their constitutional discretion “to triage cases and use our resources most effectively to protect public safety.”

    However, in one exchange Tuesday, Sinnott reportedly chided a prosecutor for suggesting that while the actions of Lowell man — charged with disorderly conduct and resisting arrest for allegedly forming a human chain with other protesters — were “not appropriate,” prosecuting the 26-year-old would not do anything to make the community safer.

    “Not appropriate? It sounds like he picked up the wrong fork at dinner,” Sinnott shot back, according to the Globe.

  4. #24
    tWebber
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    A prosecutor's job includes exercising prosecutorial discretion. If the public interest is better served by not pursuing certain offenses, it's wholly within a prosecutor's power to make that decision. It is, quite explicitly, what we elect them to do.

    --Sam

    Quote Originally Posted by Sparko View Post
    Sounds like there is more going on here than just this case. The prosecutor isn't doing her job in prosecuting many crimes in general.

    From your article:



    Elected as Suffolk County’s first female district attorney last year, Rollins has garnered national attention for her progressive criminal justice platform, including a list of 15 petty crimes for which her office’s default stance is to not prosecute. Both disorderly conduct and resisting arrest, as a standalone charge or in combination with another charge on the list, are among the nonviolent offenses on the list.

    Rollins said Tuesday that, at her request, prosecutors were using their constitutional discretion “to triage cases and use our resources most effectively to protect public safety.”

    However, in one exchange Tuesday, Sinnott reportedly chided a prosecutor for suggesting that while the actions of Lowell man — charged with disorderly conduct and resisting arrest for allegedly forming a human chain with other protesters — were “not appropriate,” prosecuting the 26-year-old would not do anything to make the community safer.

    “Not appropriate? It sounds like he picked up the wrong fork at dinner,” Sinnott shot back, according to the Globe.
    "I wonder about the trees. / Why do we wish to bear / Forever the noise of these / More than another noise / So close to our dwelling place?" — Robert Frost, "The Sound of Trees"


  5. #25
    tWebber
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    Regardless, it's not for a judge to decide who gets prosecuted and who doesn't. That's antithetical to the very nature of the judiciary.
    "I wonder about the trees. / Why do we wish to bear / Forever the noise of these / More than another noise / So close to our dwelling place?" — Robert Frost, "The Sound of Trees"


  6. #26
    See, the Thing is... Cow Poke's Avatar
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    Quote Originally Posted by Sam View Post
    We're going to see more of this, as many DA candidates are now explicitly running on reversing the trend of aggressive prosecution of low-level crimes.
    That sounds a bit simplistic, Sam. If the "low-level crimes" don't need to be prosecuted, there's a way to do that. You have them decodified.

    It's important to understand both directions as valid; it's a difference in opinion as to how to use the criminal code to improve society, understanding that an overly-strict penal system is as bad or worse than an overly-lax penal system.

    --Sam
    It's important to understand that the judge's reaction is in response to a DA's decision not to uphold the laws as written.

    Your bad analogy of a police officer fails because the police officer has no power to de-criminalize whole categories of crimes. Sure, he can exercise discretion, he cannot invalidate codified ordinances.
    Every problem is the result of a previous solution.

  7. Amen Teallaura amen'd this post.
  8. #27
    See, the Thing is... Cow Poke's Avatar
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    Quote Originally Posted by Sam View Post
    Regardless, it's not for a judge to decide who gets prosecuted and who doesn't. That's antithetical to the very nature of the judiciary.
    It's not for a District Attorney to decided whole classes of crimes that are not to be prosecuted. The system is broken at both ends.
    Every problem is the result of a previous solution.

  9. Amen Teallaura amen'd this post.
  10. #28
    tWebber Mountain Man's Avatar
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    Quote Originally Posted by Sam View Post
    A prosecutor's job includes exercising prosecutorial discretion. If the public interest is better served by not pursuing certain offenses, it's wholly within a prosecutor's power to make that decision. It is, quite explicitly, what we elect them to do.

    --Sam
    But as Teal pointed out, the decision had already been made to prosecute.
    Some may call me foolish, and some may call me odd
    But I'd rather be a fool in the eyes of man
    Than a fool in the eyes of God


    From "Fools Gold" by Petra

  11. #29
    tWebber
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    The State can, at any time, decide not to continue with charges.

    From the reporting I've seen, I can't even tell if this happened after or during arraignment. But it doesn't matter. If the prosecution decides a minute before trial that it won't prosecute, it can make that decision. And absent some extraordinary showing of injustice, a judge doesn't have the authority to override.

    --Sam

    Quote Originally Posted by Mountain Man View Post
    But as Teal pointed out, the decision had already been made to prosecute.
    "I wonder about the trees. / Why do we wish to bear / Forever the noise of these / More than another noise / So close to our dwelling place?" — Robert Frost, "The Sound of Trees"


  12. Amen JimL amen'd this post.
  13. #30
    Troll Magnet Sparko's Avatar
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    Quote Originally Posted by Sam View Post
    A prosecutor's job includes exercising prosecutorial discretion. If the public interest is better served by not pursuing certain offenses, it's wholly within a prosecutor's power to make that decision. It is, quite explicitly, what we elect them to do.

    --Sam
    on a case by case basis - depending on extenuating circumstances, not on ignoring the law altogether.

    What if a prosecutor said, "We will no longer prosecute any burglaries, rapes or murders"

    What would you be saying in that case?

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