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Old 04-09-2012, 10:49 PM
Myguysinmoco Myguysinmoco is offline
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Quote:
Originally Posted by CenTexLyn View Post
The plea offers possibly going up closer to election is NOT indicia of prosecutorial misconduct. Besides...if you don't like the offer, then don't take the plea and set it for trial.

The DA does NOT 'dole' out the sentence even in a case that is the subject of a negotiated plea- they may set the ground rules vis a vis the baseline term on the plea, but ultimately the Court still has to accept the plea (and some don't always accept a plea agreement). Further, if one goes to trial, the impact of the DA in the matter of sentencing is nowhere near what you appear to give it credit for...at that point, the sentence is up to the 12 in the box (unless one opted for bench trial, in which case the robed one is setting the number).

Isolated instances do not condemn an entire system...
Ultimately, it is a prosecutors job to seek justice and unfortunately most of society sees it as one side versus the other, like a poker game, winner take all. Sometimes a prosecutor needs to seek treatment for an accussed defendant or dismiss a case when evidence points to their innocence, we need more prosecutors who see their job as seekers of justice rathet then winning cases (i.e., getting convictions) as a way of building their popularity, climbing a carreer ladder, or furthering themselves in some way. Society needs to accept that its not a bad thing if a prosecutor chooses to dismiss a case or offer probation or treatment when it is the just thing to do. Many DA's have become politicians and left ethics behind.
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