Duke Lacrosse Players Arrested to Face Rape Charges

Fox News ^ | 4/18/06

[MaDeuce]

"Isn't malicious prosecution a crime? I'm not sure how it would be pursued, but I am prety sure a judge can dismiss a case with prejudice against the prosecution and recommend that the bar association take some action."

If this is the case, the a malicious prosecutor should be sentence similar to what the wrongly defendant would have been sentenced to if convicted. I think that would make prosecutors a little more honest.

[JamesP81]

Prosecutorial abuse is unfortunately a widespread problem in the US. Any practical suggestions what to do to lessen its frequency?

Here's one: if a DA brings a case and loses, he pays the defendant's attorney's fees in full, out of his own personal money.

[Dosa26]

All rapists must hang...

I agree, with the following stipulation...Any false accuser of rape hangs. If the def is found not guilty the rope still gets used.

[Carling]

Wild Speculation Alert

Nifong knows this case is a dud, but with the political and societal implications he knows he can't just stop pursuing it. So, what's the easiest way out?

To have the "victim" ID a suspect who wasn't even at the party. With the medical results and the ID, a GJ would indict without any questions. Now, these two will be arraigned, but once exculpatory evidence is introduced (i.e. one suspect wasn't even at the party), the case is dropped and the "victim" is discredited. Remember, it was leaked by someone (Nifong?) that Mangum was "100% sure" on two suspects. If one of them wasn't even there, and he has a rock solid alibi, this case is dropped, the "victim" is discredited, and it looks to voters like Nifong did his job.

Of course, this is all based on one of the guys not being at the party.

[LWalk18]

I thought that North Carolina does or did make rape a capitol offense punishable by execution.

The death penalty for rape of an adult has ruled unconstitutional by the Supreme Court. You may be thinking of South Carolina, where they were trying to institute the death penalty for rape of a child 12 and under. The Supreme Court has not ruled whether such a law would be unconstitutional or not.

[Verginius Rufus]

Several years ago I was the alternate for the trial of a man accused of holding up a liquor store. Because he had forced the cashier and a customer who happened to be in the store to go back to a storeroom, he was also charged with kidnapping.

[txroadkill]

Also keep in mind that even if there was a positive test for the presence of rohypnol or some other type of hypnotic, doesn't mean that she was slipped a Mickey. A lot of drug abusers take hypnotics as a drug of choice. If I was working for the defense as an investigator, the first thing I would be looking into are drug arrest (I believe the accuser had prior arrest) and find out what she has a history of taking and then find out what her running buddies are taking and what dealers she has access to. Then it comes down to who was more likely enter a hypnotic into her system, her or the accused.

[Rummyfan]

These charges will be dropped after the election since he is only using these boys to increase his share of the black vote.

Agreed. It's a political indictment pure and simple.

[Verginius Rufus]

The Hildabeast didn't suffer any penalty for the malicious prosecution of Billy Dale in the Travelgate scandal...of course she wasn't technically the prosecutor.

[JamesP81]

I also heard that DNA of two of the players was found on a towel in the bathroom.

You know, I'd be willing to bet you could find my DNA on a towel in my bathroom too...

[AntiGuv]

No doubt, and that's especially true of GHB. It's often called a 'date-rape' drug nowadays but it was a recreational drug long before that.

[Dionysius]

At least in my state (Missouri),a prosecutor has immunity against civil suits unless it can be proved that he acted maliciously, or that his motivation was based on something other than his sworn duties. If the same applies in NC, the DA could be stripped of his immunity if it is proven he acted with malice and can be subject to awards of actual and punitive damages (and the state and perhaps county as well under the doctrine of repondeat superior). However, the threshhold of proof is rather high.

[fuzzthatwuz]

Your extremely witty response to multiple posts prompted a look at your personal page. Very good! What is that machine in your "Wish List' photo?

[jiggyboy]

Has it been determined where the donor DNA came from?

There is NO donor DNA, which is why the whole "we need DNA from every player" charade is not an abberation but a characteristic of this complete travesty of justice.

[thoughtomator]

I have no idea what it is, but boy, can it cut through traffic!

[JamesP81]

Something like this will screw up their entire lives no matter what the outcome.

Which is why the DA should pay for this with his career, retirement, and reputation.

[jiggyboy]

And there was also a report of a positive test result for a date rape drug

You can't throw a bomb like that without a link. Let's have it.

[MaDeuce]

The death penalty for rape of an adult has ruled unconstitutional by the Supreme Court. You may be thinking of South Carolina,...

No, the talk radio guy up here in Boston -Howie Carr- went to school in NC in the late 60's/early 70's and said that was the law at the time ... or at least he thought so ... maybe it was the law back in the 1800's or early 1900's

[JamesP81]

I agree, with the following stipulation...Any false accuser of rape hangs. If the def is found not guilty the rope still gets used.

An excellent idea

[Blueflag]

The two arrested are from NJ. The firefighters' sons are not charged. While your remark is true, it is irrelevant to my post ;-p

REM: my post was poking fun, (at names like G. Thurston Howell III) so don't get your panties in a wad ;-)