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TrackerFF • yesterday at 2:18 PM • 7 replies • view on HN

The DA (District Attorney) is elected, so they love to cite their tough-on-crime statistics. There are few incentives for them to not "win".


Replies

shagie • yesterday at 11:49 PM

They're still a lawyer. Getting disbarred often means the end of their professional career. So file a bar complaint.

https://arcourts.gov/professional-conduct

https://opinions.arcourts.gov/ark/cr/en/item/1868/index.do#!...

    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;

    ...

    COMMENT
    [1] A prosecutor has the responsibility of a minister of justice and not simply that of an advocate. 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. Many jurisdictions have adopted the ABA Standards of Criminal Justice Relating to the Prosecution Function, which in turn are the product of prolonged and careful deliberation by lawyers experienced in both criminal prosecution and defense. Applicable law may require other measures by the prosecutor and knowing disregard of those obligations or a systematic abuse of prosecutorial discretion could constitute a violation of Rule 8.4.
weberer • yesterday at 9:00 PM

>The DA (District Attorney) is elected, so they love to cite their tough-on-crime statistics.

Its the opposite nowadays. The current meta is to advertise yourself as light on crime. So you get to the point where Philadelphia has an open-air drug market filled with fentanyl, the DA was actually impeached for dereliction of duty by the Pennsylvania house of representatives, and Philadelphians STILL re-elected him with over 75% of the vote.

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usefulcat • yesterday at 2:52 PM

Don't they also hate to lose though? This seems an unlikely case for a prosecutor to win. If it were a civil case, sure, the standard is much lower there, but for a criminal case the standard is "beyond a reasonable doubt".

I guess they could be gambling that she can't afford a good lawyer; many people can't.

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lesam • yesterday at 9:42 PM

Surely a widely read news story about prosecuting an obviously innocent person is bad for this particular DA? Or do the voters not care about that?

HPsquared • yesterday at 9:07 PM

Surely an embarrassing loss is worse than dropping a case.

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watwut • yesterday at 3:07 PM

This is "lock the innocent" tho. The DA is not tough om crime, the criminal went to his merry way.

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chrisjj • yesterday at 2:24 PM

> they love to cite their tough-on-crime statistics.

Where can we see their tough-on-innocence statistics?

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