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originally posted by: tigertatzen
a reply to: jaffo
For the record, "Special Prosecutor" is nothing more than a legal term designating a position which ALWAYS exists and was certainly not created just for these cops. Knowledge is power.
Did someone say anything was created "just for these cops"? I must have missed that part.
For the record, a "special prosecutor" is an independent counsel specifically appointed by the Attorney General or Congress to try criminal cases involving federal officials. They can also be appointed to prosecute law enforcement officials by the state Governor in cases just like this. Their presence acts as insurance against biased counsel and eliminates the conflict of interest often presented in cases just like this. It is not a position that "always exists". Counsel is appointed on an "as needed" basis. The rest of the time, counsel is just a regular prosecutor, going about their normal business.
This was exactly what they were trying to do in the Eric Garner case, to ensure that justice would be done without bias or conflict. Right now, Att. Mosley is running the risk of justice not being done due to her relationship with the Grays' attorney causing a clear conflict of interest. It would be a shame to see that happen.
A recent example:
In his letter to the Governor, Attorney General Schneiderman wrote, "This crisis of confidence is long in the making and has deep roots. But it is not a problem without a solution. A common thread in many of these cases is the belief of the victim’s family and others that the investigation of the death, and the decision whether to prosecute, have been improperly and unfairly influenced by the close working relationship between the county District Attorney and the police officers he or she works with and depends on every day. It is understandable that many New Yorkers feel that it is unfair to charge a local District Attorney with the task of investigating and prosecuting those officers when they are accused of a serious crime committed in the course of their duties."
Attorney General Schneiderman's letter continued, "The question in these difficult cases is not whether a local prosecutor, including one with understandably close ties to his or her fellow local law enforcement officers, is capable of setting aside any personal biases in deciding whether, or how vigorously, to pursue the case. As the State’s chief law enforcement officer, I know that I and the overwhelming majority of my fellow prosecutors are not only capable of doing so, but are conscientious about our ethical duty to see that justice is done in every case. Rather, the question is whether there is public confidence that justice has been served, especially in cases where homicide or other serious charges against the accused officer are not pursued or are dismissed prior to a trial by jury."
The Attorney General wrote, “Subdivision two of Executive Law section 63 currently authorizes you to supersede any local District Attorney on any criminal matter as you deem appropriate by appointing the Attorney General to investigate and prosecute the case.”
Special Counsel NY
(c) Qualifications of the SC
Section 600.3 of the CFR provides that an SC shall be a lawyer from outside the US government "with a reputation for integrity and impartial decision making, and with appropriate experience to ensure that both that the investigation will be conducted ably, expeditiously and thoroughly, and that investigative and prosecutorial decisions will be supported by an informed understanding of the criminal law and DOJ policies."
US Special Prosecutor
Knowledge is power.
Might want to arm yourself with some, then. Seems like you could use it.
defense attorney for one of the six police officers charged in the death of Freddie Gray is challenging prosecutors' claim that Gray was falsely arrested, and filed a motion Tuesday demanding to inspect the knife Gray carried..
The motion was the first legal move in defense of an officer involved in the April 12 arrest of Gray, who died a week later from spinal injuries suffered while in police custody.
As potential legal arguments for the six began to emerge, legal analysts debated the merit of the specific charges, as well as the strategies defense attorneys might pursue.
Marc L. Zayon, the attorney for Baltimore officer Edward Nero, asked a judge to make the Baltimore state's attorney's office and Baltimore police turn over the blue pocket knife Gray carried to determine whether it's legal in the city of Baltimore. The knife was found clipped to the inside of Gray's pants pockets after officers took him down.
Police say the officers chased and arrested Gray because he ran from them without being spoken to or provoked. A police task force continues to investigate whether any other reasons could have contributed to their decision to stop him.
Gray was charged with carrying an illegal knife, but Baltimore State's Attorney Marilyn J. Mosby said Friday in announcing the charges that the knife Gray carried was not an illegal switchblade under Maryland law. Baltimore police have said the knife violates city code.
originally posted by: tigertatzen
a reply to: Sremmos80
Ahhh, thank you so much for clarifying! That would explain why I can't find a source and neither can my boss, who is a criminal prosecutor and has far better resources than myself. That is something of a relief...hopefully it's just a bunch of nonsense and not actual fuel for the defense.
True but it can be used when talking about whether or not grey could have inflicted the injuries to himself. If he had drugs in his system that affects pain receptors then one could argue Gray was able to do the damage to himself and it not fully register the damage being done.
The standard applied is reasonableness which means given the circumstances how would a reasonable person act in that situation.
originally posted by: Greathouse
I read your post and the total disgust for people in it.
But still, I couldn't imagine the video would be as bad as you made it sound. Well I'll tell you right now I stand corrected.
I think the white liberal chick carrying the killer sign and screaming "it's a revolution" . Either read one too many Che Guevara books or was a crisis actor hired by Al and Jessie to stir up trouble.
On second thought maybe she was just suffering from an episode due to protein deficiencies. Cause I'll bet my ass she was a vegetarian. Lol
lesser crime whose elements are encompassed by a greater crime. A lesser included offense shares some, but not all, of the elements of a greater criminal offense. Therefore, the greater offense cannot be committed without also committing the lesser offense. For example, Manslaughter is a lesser included offense of murder, assault is a lesser included offense of rape, and unlawful entry is a lesser included offense of Burglary. The rules of Criminal Procedure permit two or more offenses to be charged together, regardless of whether they are misdemeanors or felonies, provided that the crimes are of a similar character and based on the same act or common plan. This permits prosecutors to charge the greater offense and the lesser included offense together. Although the offenses can be charged together, the accused cannot be found guilty of both offenses because they are both parts of the same crime (the lesser offense is part of the greater offense).