theotherles: Some cops and prosecutors need to be horsewhipped./No, I'm not kidding.
doglover: If you support the American legal system, this is the culture you support. With the world's highest incarceration rate and more DA lawyers than anyone else per capita feeding for profit prison systems young men by the scoopful, it's more important to catch a man than to catch an actual criminal.And don't fool yourself with "innocent until proven guilty" either. If you're arrested, you're guilty. From the moment you're taken you are guilty. The trial is only a formality and can take many months, even years to happen if at all. For some offenses, even if you are found innocent, you're already guilty because of some newspaper article. Accused of rape? Your arrest is headline news, the redaction and dismissal of all charges doesn't even make a single line in 5 point font on the next to the last page printed behind the crossword puzzle.This is why we need reform in both the system from the ground up. We have to look at people the police have arrested not as criminals, but merely as people the police have arrested. Ghandi went to jail, too, you know.
vygramul: lack of warmth: The first spring after my son was born, I almost got arrested for something I hadn't done. I was working third shift at a retail store working the register, when the robbery took place on my last night. I was busy training the replacement when a guy came in wearing a badge and carrying tools. He claimed to be there to fix the Coinstar machine and since I was busy, didn't question it. Later he comes up to me and tells me the machine cannot be fixed by him, he will need to get his supervisor to help him. I say okay, and put an 'Out of Order' sign up. A week later, I was being interrogated for the robbery since the video showed me casually talking with the thief. My alibi was he ripped off 8 more stores before being caught, as we just happened to be the first store hit. The investigators, store company investigators, did break into my car looking for evidence, which my boss denied. It was too obvious the way my car was unlocked three days in a row when I left work, until I had an uniform officer come out to see if I could file a report. I never had an unlocked car before or since then, so there was no coincidence./I so get this man's stress level, even though I wasn't arrested, I was a newlywed with an infant son//hopefully his boss takes him back without issue.I didn't get that level of harassment, but I was once pulled over while walking by a cop on the lookout for a rapist described as tall, white, with red hair and a black shirt. It would had to have been one calm rapist to walk from the rape to the McDonald's and then towards home, but apparently, it happens. I was walking along the street when a cruiser starts following me. I thought it a little strange but at first figured he was doing something else. But when I turned into my parking lot and he turned as well, I knew something was up. He flashed his lights and got out to talk to me. I put my McDonald's bag on his hood to help keep it warm while he talked to me. He asked for ...
Por que tan serioso: As an officer you are no doubt aware that it would be unlawful for you to consider anything outside the scope of the hearing. Sure you can listen all you want before but attempting to sell the states designsted investigator on evidence with no factual bases or offer of proof at a prelim is unheard of. A) wrong time B) Wrong place C) wrong person. The atty should have had the video authenticated showed the video and put on the other evidence. Most attorneys would love to hand the state their ass at prelim because as you stated the burdon to bind a defendant over for trial is so low. Unfortunately the PD's office is seriously un ...
CruiserTwelve: Por que tan serioso: You couldn't be more wrong. Most attorneys dont put on affirmative evidence at prelim. Its a chance to see what the prosecution has. HOWEVER, if you have the goods you put it on. Period. A failure to do so is boarder line malpractice.Defense attorneys rarely present evidence at a preliminary hearing, although they are allowed to do so. At a prelim, the judge must look at the evidence "in the light most favorable to the prosecution," so defense evidence doesn't hold much weight.In this case the investigating officer should have looked at the alibi evidence and, if it was convincing, approached the DA and asked for the charges to be dropped pending further investigation. If the cop didn't do that, the defense attorney should have asked for a pretrial conference with the DA and presented the evidence for consideration.Either the cop was lazy, incompetent, or he didn't believe the alibi evidence. The defense attorney is not without blame, however. If his alibi evidence was that convincing he should have presented it at the preliminary hearing for the judge to consider, or he should have asked for a pretrial conference.I'd like to know how they considered this guy a suspect in the first place. Why did they even show his picture to the victim for identification? There's something missing from this story.
khyberkitsune: nor public defender that told me to plead guilty
brimed03: The metric is "closing cases." Not getting it right. Nobody gets fired for putting the wrong person in jail.
Talondel: Oh, and he spent a month in jail. Not prison.
Talondel: Oh, and he spent a month in jail. Not prison.
khyberkitsune: I feel sympathy for the man. I truly do. I'm doing felony time and yet I have the evidence that outright proves the crime was never committed and the evidence was fabricated (e-mail header is forged) and the DA nor public defender that told me to plead guilty want to do shiat about it./RIVERSIDE CA IS CORRUPT AS FARK, YO.
log_jammin: However, at Brown's preliminary hearing, Nightingale tried to provide the investigating officer with the alibi information, but the officer refused to listen.I guess I don't understand what a preliminary hearing is exactly.why would it matter if the cop listened to him or not? isn't that what the judge is supposed to do? he's already arrested and in custody, isn't the prosecutor the one who then decides to continue with charges or dropping them?
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