Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: SkyDancer

“So are you saying she can be prosecuted?” To answer this narrowly, this case proves anyone can be prosecuted for anything. But being prosecuted successfully? That’s different.

Criminal prosecution is different than a civil lawsuit. Don’t confuse the two. Kalina v. Fletcher was a civil lawsuit, not a criminal prosecution. The standards and types of proof are quite different. But both a civil suit and a criminal prosecution would be very difficult to prove in this case.

A prosecutor pretty much has immunity for what they say and do in the Courtroom. That’s why I never spoke to the press, or just gave them bland NFL coaches post-game press conference type answers. But in the Courtroom I could say and do practically anything as long as it was supported by evidence. You wouldn’t believe the things I got to say about criminal defendants.

Criminal prosecution would require you to prove that the prosecutor knew in advance that the witness was lying, and that the prosecutor did more than put them on the stand to tell the lie. It would require proof that the prosecutor had some sort of personal animosity toward the defendant and assisted somehow in perpetuating the lie. Maybe this isn’t a legal standard, but what I would consider a practical one. Witnesses lie all the time and lawyers can always claim “plausible deniability” in that they are advocates. It’s not for them to decide who is lying. That’s for the jury. But if a prosecutor knew it was a lie, believed it to be a lie, and still intentionally portrayed it as the truth to convict an innocent person, that’s a start. You would probably have to add to it that the prosecutor also deliberately concealed truthful exculpatory information. If yes to all of that, they could be prosecuted successfully.

It has to rise to the level of a Nifong to get there. This case probably falls short of that standard.


22 posted on 07/16/2013 12:06:52 PM PDT by henkster (The 0bama regime isn't a train wreck, it's a B 17 raid on the rail yard.)
[ Post Reply | Private Reply | To 16 | View Replies ]


To: henkster

I really appreciate your time in answering. Thank you very much.


25 posted on 07/16/2013 12:10:41 PM PDT by SkyDancer (Live your life in such a way that the Westboro church will want to picket your funeral.)
[ Post Reply | Private Reply | To 22 | View Replies ]

To: henkster
Corey plays on the Nifong bubble who should be disbarred.

"State Attorney Angela Corey fired her office’s information technology director Friday after he testified last month about being concerned prosecutors did not turn over information to George Zimmerman’s defense team in the shooting death of Trayvon Martin."

http://jacksonville.com/news/metro/2013-07-13/story/state-attorney-angela-corey-fires-information-technology-director-who

And

"O'MARA: I thought it was going to slow down, particularly when the evidence started coming out. Because you first and then me second said, look, guys, let's just wait. Sit back. You don't know the evidence yet because I don't know it yet. Let's wait until we have all the evidence. And I thought that would sort to tend to throw a tithe to bring it back. But it never did. And part of that was of course the way the prosecutors were hiding some of the evidence and the discovery and they just kept it at this fever pitch way too long."

-snip-

HANNITY: Let's go over the irregularities in the case. Don, for example, the withholding of evidence which your partner mentioned. Explain that.

WEST: A moment ago, I said what's the most important thing, evidence as opposed to an appeal to emotion. Let's look at the real evidence and it was like pulling teeth to get the real evidence. The exculpatory evidence, the information that is the foundation of the way the criminal justice system is supposed to work says that the defense is entitled to all exculpatory evidence. And we fought month after month after month just to get what should have been given without the hundreds of hours that it took. So, that's the way this started and unfortunately it continued until the very day the trial started."

http://www.foxnews.com/on-air/hannity/2013/07/16/zimmermans-defense-team-breaks-down-trial-verdict

36 posted on 07/16/2013 12:28:26 PM PDT by Red Steel
[ Post Reply | Private Reply | To 22 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson