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To: Fido969
"Are you part of the problem - or part of the solution?"


I am not sure what problem you refer to. I have prosecuted many (probably 2 to 3 dozen) false police report cases in the last few years. I even had a young woman arrested at a preliminary hearing because she got up, recanted her story, and said she lied to the police. I have also at times been fooled by lying victims. In one case I really stuck my neck out to keep a guy in jail only to have the victim refuse to testify when I got the case ready for trial. I immediately consented to a personal recognizance bond to free the defendant (who had been convicted twice of rape before). I suspect the victim lied in the first place (I later learned a divorce was involved, and what easier target than a two-time loser), but I could not prove it. I dismissed the case on the eve of trial. All I could do was get angry. I later learned that the defense had all sorts of impeachment ammo for the victim, but they never shared it with me (nor were they required to). It was probably a lucky thing for me she refused, because I would have been beat like a drum at trial.

Lying victims are a fact of life. Lots of people try to use the criminal law as a weapon. Few succeed, in my opinion. The safeguards go far beyond the instincts of a prosecutor. In our system, even after the prosecutor decides a case should be pursued, the defense, the jury, the trial judge, and the appellate system stand between the defendant and punishment. The standard of proof beyond a reasonable doubt is a tough standard for the prosecution to meet. As proof of that statement, look at the conviction rate for murder: only about 60 to 65% of murders ever result in a conviction. That is despite all the best efforts of the police and prosecutors to hold someone responsible in the most important of all classes of criminal cases.
143 posted on 06/15/2006 5:27:31 PM PDT by Law is not justice but process
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To: Law is not justice but process
All I can related to is my own experience. In my case, my then soon-to-be-ex wife accused me of abusing her and the children. It was a ludicrous charge - it was based on an incident where she assaulted me, and I called a cop to observe the action in order to protect myself. The judge who gave the order brags about his award from the local feminist "family crisis services" domestic violence organization.

Politics before law, indeed.

Never mind that I called the cops, had a recored police call, the testimony of the cop on the scene, etc, it still dragged me through the mud for years - during which time I lost custody of my kids.

When the situation was FINALLY cleared, which too way too long, I lugged all the evidence over to the DA's office and handed the "false swearing" case to him on a silver platter.

He just laughed at me.

Anyway, my kids did poorly with mom, missing tons of school, not doing any school work, and suffering from a lot of anger and bitterness over being kidnapped by mom and moved far away.

Eventually I figured out that I was stupid to rely on lawyers and judges to protect my kids. I moved 80 miles and have been commuting 3 hours round trip from the last 7 years in order to be in their lives. I now have a superlative relationship with them, although the financial and physical toll over the last few years on me has been exhausting.

All the involvement of the courts and "justice" system was to do great damage to my kids - damage that they are still suffering from.

Was this a "big" case? It was the most important thing that happened to me and my kids' lives. Did the justice "system" fall down on their responsibility? Yes, big time. It is a farce.

The Duke case just highlights what everyone else knows.

So, is the legal system working to protect the public? From what I can see the real criminals can manipulate it just fine. Law abiding citizens that fall into it get destroyed.

And are our streets safer? Well, we spend more and more on the court system - and I don't think we have had the smallest effect on criminality. It thrives and grows everyday. We have an entire generation of inner-city kids who know only crime and welfare.

I have had conversations with many, MNAY people who work the system everyday. they are so involved in the the "process" from the inside, they don't see that from the outside it looks like a lunatic asylum.

So, as a law abiding citizen - the court system doesn't protect me one bit. And should I happen to wander into its clutches, it can destroy me.

Now my "justice system" is a .38 on my bed-stand. At least I have confidence in that.

161 posted on 06/15/2006 7:10:00 PM PDT by Fido969
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To: Law is not justice but process
I just wanted to touch on this statement.

As proof of that statement, look at the conviction rate for murder: only about 60 to 65% of murders ever result in a conviction. That is despite all the best efforts of the police and prosecutors to hold someone responsible in the most important of all classes of criminal cases

It is amazing to me that I can have my kids stripped from me by an absurd accusation, three innocent college kids can have their lives torn apart by the lies of a drunk hooker, but murderers get away a third to a half of the time.

I don't feel much safer.

170 posted on 06/15/2006 9:36:03 PM PDT by Fido969
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