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Originally Posted by microbet
There is an obligation for defense, either by the accused or provided by the State if necessary. There is no obligation to prosecute a case. The DA/Police should never prosecute a case they don't believe in. Isn't that obvious enough?
Not really. Their whole JOB is to make the best case they can, given the evidence on hand. If they KNOW a defendant is innocent, they have a professional obligation not to prosecute, but that's a pretty high bar. Otherwise, it's not their job to decide "truth" or to "believe" or not. It's their job to make a case and let the jury decide.
As for jury trial vs. plea bargain vs. no charges, that's a complicated and highly politicized process, for better or worse. But "truth" rarely enters into it.
(This is all from discussions with my brother, who's a DA, FWIW.)
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Is it ok if they just prosecute anyone for anything at any time and it's just fine because there's an adversarial system to provide defense?
Yeah, pretty much. As a practical matter they won't bother with weak cases, but they COULD. Too much of that and they will be kicked out of office, but again the bar is pretty high.
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Whatever the system is supposedly built around it's patently disgusting for the State to have two contradictory cases against two different people.
That's more debatable. Apparently there's a fair amount of case law on the subject. I won't pretend to be an expert on the issues involved, but if twins (for example) gun down their parents, I'm not so sure they should walk because the police can't prove which one did it.
EDIT: To be clear I'm no fan of the State's behavior in the Avery case. But it's hard to draw sweeping conclusions from it.
Last edited by BustoPro; 01-02-2016 at 08:38 PM.