Posted on 10/01/2006 1:40:53 AM PDT by abb
"I would be interested in hearing from prosecutors on whether Nifong committed malpractice by not assessing the FA's credibility first hand"
http://www.ncbar.com/rules/rules.asp
Rule 3.8 Special Responsibilities of a Prosecutor
The prosecutor in a criminal case shall:
(a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause;
(b) make reasonable efforts to assure that the accused has been advised of the right to, and the procedure for obtaining, counsel and has been given reasonable opportunity to obtain counsel;
(c) not seek to obtain from an unrepresented accused a waiver of important pretrial rights, such as the right to a preliminary hearing;
(d) make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal;
(snip)
(f) except for statements that are necessary to inform the public of the nature and extent of the prosecutor's action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused and exercise reasonable care to prevent investigators, law enforcement personnel, employees or other persons assisting or associated with the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6 or this Rule.
Comment
[1] A prosecutor has the responsibility of a minister of justice and not simply that of an advocate; the prosecutor's duty is to seek justice, not merely to convict. This responsibility carries with it specific obligations to see that the defendant is accorded procedural justice and that guilt is decided upon the basis of sufficient evidence.
Precisely how far the prosecutor is required to go in this direction is a matter of debate and varies in different jurisdictions. See the ABA Standards of Criminal Justice Relating to the Prosecution Function. A systematic abuse of prosecutorial discretion could constitute a violation of Rule 8.4.
[2] The prosecutor represents the sovereign and, therefore, should use restraint in the discretionary exercise of government powers, such as in the selection of cases to prosecute.
During trial, the prosecutor is not only an advocate, but he or she also may make decisions normally made by an individual client, and those affecting the public interest should be fair to all.
In our system of criminal justice, the accused is to be given the benefit of all reasonable doubt. With respect to evidence and witnesses, the prosecutor has responsibilities different from those of a lawyer in private practice;
the prosecutor should make timely disclosure to the defense of available evidence known to him or her that tends to negate the guilt of the accused, mitigate the degree of the offense, or reduce the punishment. Further, a prosecutor should not intentionally avoid pursuit of evidence merely because he or she believes it will damage the prosecutor's case or aid the accused.
[6] Paragraph (f) supplements Rule 3.6, which prohibits extrajudicial statements that have a substantial likelihood of prejudicing an adjudicatory proceeding. In the context of a criminal prosecution, a prosecutor's extrajudicial statement can create the additional problem of increasing public condemnation of the accused.
Although the announcement of an indictment, for example, will necessarily have severe consequences for the accused, a prosecutor can, and should, avoid comments which have no legitimate law enforcement purpose and have a substantial likelihood of increasing public opprobrium of the accused. Nothing in this Comment is intended to restrict the statements that a prosecutor may make which comply with Rule 3.6(b) or 3.6(c).
[7] Like other lawyers, prosecutors are subject to Rules 5.1 and 5.3, which relate to responsibilities regarding lawyers and nonlawyers who work for or are associated with the lawyer's office. Paragraph (f)
reminds the prosecutor of the importance of these obligations in connection with the unique dangers of improper extrajudicial statements in a criminal case. In addition, paragraph (f) requires a prosecutor
to exercise reasonable care to prevent persons assisting or associated with the prosecutor from making improper extrajudicial statements, even when such persons are not under the direct supervision of the prosecutor. Ordinarily, the reasonable care standard will be satisfied if the prosecutor issues the appropriate cautions to law-enforcement personnel and other relevant individuals.
REMEMBER to TURN ON THE VOLUME on your PC to enjoy the sounds.
THANKS to LIESTOPPERS!, they were the first to put up a link.
www.Liestoppers.com
Bingo
Got to love these N&O headlines. The stormy DA? How about an unstable DA? A bully DA? A local petty tyrant DA?
Ping
Well, anyone who knows the families of the accuseds knows they aren't lettig Mike get away with this. The train wreck in store for Mikey will not be pretty.
What a liar. An overconfident liar. I'm not sure Nifong knows who he's dealing with. He comes across as an even bigger prima donna than I thought him to be.
A lot of people want a front row seat to this one.
I know I would do more than hold a grudge. I would spend my last penny making sure the man never gets inside a courtroom again in order to do this to another family without the same resources.
Their kids have been scared for life and they got the money to fight. So they will probably do so. But you know, they might be able to get a book or movie deal. That would go a long way in defraying the cost of legal action against Nifong, Durham, the media and that lying drug addicted hooker. Hollywood would have a hard time writing a script with villain as bad as Nifong.
I understand that view and as I said, it probably would be mine. But I know people are different and people with a lot of money are often motivated by making money.
I could also imagine someone whose kids escape this mess would figure if Durham elects this guy they deserve him and parents of Duke students who are too stupid to learn the lesson of this and continue to send their kids to Duke and Durham also deserve what they get. They might well want to spend their money other ways than in Durham or in the court system going after a loser like Nifong. There is a large supply of them out there.
Again I could see either point of view among the parents.
SUNDAY,
OCTOBER 01, 2006
The Fluffer That Wasn't
In today's much anticipated Fong Fluffer that wasn't, Ben Niolet of the News and Observer offers a front page article entitled, "At Center of Duke lacrosse case, a stormy DA who likes to fight." Mr. Niolet's article examines the man behind the hoax and while he does offer some words of appreciation for Mr. Nifong, he also enlightens us as to the mood swings, gamesmanship and lack of substance that characterize the menace to justice and his current obsession.
Most notably, Mr. Niolet confirms that the Hijacker of the Hoax has never spoken directly to the accuser about what she alleges transpired that evening.
He was so confident in the accuser's story and his case that he refused to meet with lawyers who said they could prove players' innocence....Although Nifong has never heard the woman tell her story, he believes her."
As incredible as this may seem, we now have confirmation the Mr. Nifong's theories, which have ranged from long sleeves to condoms to date rape drugs to a five minute attack, have not come from the words or statements of the accuser but rather from the menace himself.
[end excerpt]
Oh yea..! Real important ! And unhearalded ,to say the least!
Its amazing how a hot headed incompetent manages to survive (and thrive, even) in a corrupt beauracratic environment...I mean, he was no shining eagle , and he got demoted, and yet here he is again...a travesty..
Letter to Voters - http://mikenifong.com/pdf/LetterToVoters_Nov.pdf
Campaign donations to Nifong - http://mikenifong.com/campaignsupport.php
Nifong Kick-off Rally today, October 1 - http://mikenifong.com/campaignrally.php
And a visit from a familiar face (hint: Come Get Some!) http://mikenifong.com/kickoff/kickoff10.php
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