Posted on 10/01/2014 9:14:46 PM PDT by Forgotten Amendments
Brown based his veto on two claims: first, that Under current law, judges have an array of remedies at their disposal if a discovery violation comes to light at trial, and, second, that the bill would be a sharp departure from current practice that looks to the judiciary to decide how juries should be instructed.
The first claim ignores the very problem that the bill was designed to remedy by suggesting that the present regime of prosecutorial accountability is perfectly sufficient, when the evidence, not only in California, but across the country continues to mount that too many prosecutors have for too long violated their constitutional and ethical duties as public officials.
The second claim is, if possible, even stranger. In fact, one could be forgiven for thinking Browns office hadnt read the bill. To say that an amendment to the penal code which vests discretion in judges is a sharp departure from the practice of allowing the judiciary to decide how juries should be instructed, is, frankly, bizarre. But not arbitrary. It bespeaks a broader truth at work here: when unchecked authority detects even the hint that its prerogatives are being questioned, its reaction is frequently hysterical. It goes ballistic as Assemblyman Ammiano suggested. And when impunity is threatened, reason goes out the window. Minor reforms are seen as existential threats.
(Excerpt) Read more at washingtonpost.com ...
Not sure which list this falls under, but...ping!
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