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Old 08-12-2011, 01:54 PM
 
Location: Norman, OK.
118 posts, read 290,031 times
Reputation: 79

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We have DA's in all States, and they recieve pay from the State, or City.

My question is, when they try to convict, or try a crime, they are more out to find that person guilty, even if that person say's they are not guilty. They are on a salary, so why don't they try just as hard to find them innocent, as they do to show they are guilty.

A lot of innocent people have went to jail for a crime, and later found innocent of that crime. It seems to me as if they are more concerned about finding a person guilty, then they are to see if they may be wrong or not. They have no concern as to weather they are guilty or not.

As if they just want to get the case behind them, whoever they may find guilty.

I don't know, but I belive there may be alot of innocent people in jail today, because, no one tryed to prove they are guilty, or not guilty. It's seems the DA's would put just as much work in the case both way's.

Maybe I'm just way off base on this, but maybe I'm not, what do others think about this.
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Old 08-12-2011, 02:38 PM
 
Location: Oklahoma City, OK
533 posts, read 1,711,306 times
Reputation: 389
Quote:
Originally Posted by Franklin847 View Post
Maybe I'm just way off base on this, but maybe I'm not, what do others think about this.
They are prosecutors.
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Old 08-12-2011, 03:06 PM
 
Location: Norman, OK.
118 posts, read 290,031 times
Reputation: 79
Don't you think they should be concerned about the person, more then the conviction. I mean the persons life is on the line.
If they say there innocent, they should look at it both ways,
Not just to prosecute. All that says there just out to punish, not to find the guilty party. There are innocent people setting in jail, while the real guilty persons out doing it again.
Show some compassion! For the innocent ones.
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Old 08-12-2011, 07:18 PM
 
Location: Oklahoma City, OK
533 posts, read 1,711,306 times
Reputation: 389
It is so simple. Their purpose is to represent both the victim(s) and the public.
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Old 08-12-2011, 11:55 PM
 
Location: Missouri
471 posts, read 825,994 times
Reputation: 370
Default From The ABA

Rule 3.8: Special Responsibilities of a Prosecutor | The Center for Professional Responsibility

Quote:
Advocate
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;

(b) make reasonable efforts to assure that the accused has been advised of the right to, and the procedure for obtaining, counsel and has been given reasonable opportunity to obtain counsel;

(c) not seek to obtain from an unrepresented accused a waiver of important pretrial rights, such as the right to a preliminary hearing;

(d) make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal;

(e) not subpoena a lawyer in a grand jury or other criminal proceeding to present evidence about a past or present client unless the prosecutor reasonably believes:

(1) the information sought is not protected from disclosure by any applicable privilege;

(2) the evidence sought is essential to the successful completion of an ongoing investigation or prosecution; and

(3) there is no other feasible alternative to obtain the information;

(f) except for statements that are necessary to inform the public of the nature and extent of the prosecutor's action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused and exercise reasonable care to prevent investigators, law enforcement personnel, employees or other persons assisting or associated with the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6 or this Rule.

(g) When a prosecutor knows of new, credible and material evidence creating a reasonable likelihood that a convicted defendant did not commit an offense of which the defendant was convicted, the prosecutor shall:

(1) promptly disclose that evidence to an appropriate court or authority, and

(2) if the conviction was obtained in the prosecutor’s jurisdiction,

(i) promptly disclose that evidence to the defendant unless a court authorizes delay, and

(ii) undertake further investigation, or make reasonable efforts to cause an investigation, to determine whether the defendant was convicted of an offense that the defendant did not commit.

(h) When a prosecutor knows of clear and convincing evidence establishing that a defendant in the prosecutor’s jurisdiction was convicted of an offense that the defendant did not commit, the prosecutor shall seek to remedy the conviction.
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