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Old 08-23-2011, 08:58 AM
 
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Dominique Strauss-Kahn Case: Prosecutors Recommend Dismissal Of Sexual Assault Charges


The prosecution is now moving to dismiss the rape charges against DSK. I think the issue of "prosecutorial discretion" should be discussed.

Essentially, it is the District Attorney in an area who makes the decision whether to press criminal charges against anyone charged with illegal misconduct. I personally have had a situation where I had an employee embezzle money from me and the District Attorney declined to press charges. It bothered me at the time, yet I could still understand where he was coming from.

When is it appropriate for a DA to not press charges? I would say when he believes that evidence is insufficient to establish proof beyond a reasonable doubt.

What if his office is absolutely swamped with criminal complaints? Should he refuse to press charges in some cases? I would say that is probably within reason. He should be allowed to focus on the most serious cases that come before him.

When should a DA be able to dismiss charges he has already filed? I would say when there is evidence that a criminal complainant has lied such as happened in the Duke LaCrosse case. What about a situation where the complainant (such as in the DSK case) maintains she is telling the truth about the criminal case, yet clearly has lied when it comes to other matters in his/her life? I'd say that's why created the office of DA to make those decisions.

Anyone else have any thoughts?
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Old 08-23-2011, 01:37 PM
 
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VIVA! Sadly this man was assumed Guilty only to find out that the maid was a scam artist. Deport her and maybe she will get gang raped like she claimed and pay for her lies.
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Old 08-26-2011, 05:38 PM
 
Location: Earth Wanderer, longing for the stars.
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When the guy goes back to France he may have to face similar charges there by a different woman.

Yep. I kinda got a clue that this gal in NY was a phoney when the Times reported the phone conversation she had - her side was something like:
'I know what I'm doing.'
'The guy is rich.'
'Trust me.'
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Old 08-26-2011, 07:46 PM
 
Location: So Ca
15,774 posts, read 15,008,061 times
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While she may not be the most credible witness, lack of evidence in this case does not prove his innocence. And there are too many other women who've not come forward about their experiences with him out of fear. Once again, it's the alleged victim on trial in rape case - latimes.com
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Old 08-26-2011, 09:41 PM
 
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I find it interesting, in a society where people are "innocent" until proven guilty, that this man was sent to jail, and under house arrest...sounds like we were treating him pretty guilty to me.
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Old 08-30-2011, 10:20 AM
 
Location: Earth Wanderer, longing for the stars.
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That's just it, we must presume innocence in our system and when the accuser has a history of telling lies, and those damning comments stated above that she said over the phone, it really looks as though you must side with what appears to be the innocent party, which is Mr. Kahn. How many women are there who prey on old lechers, anyway?

I don't particularly like the guy, since that woman in France said he came on to her in an aggressive way, but in this case I cannot side with the accuser.
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Old 08-30-2011, 10:51 AM
 
Location: Dublin, CA
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The interesting issue is the fact a DA has to be able to prove, beyond a reasonable doubt, the suspect committed the crime. In this case, a he said/she said, I don't see how he could have done it. No physical evidence, no nothing. I cannot speak to the law in New York, however, it may not have been possible to get any "alleged" misconduct, from other women, into court. Especially women from another country. Are the tax layers wiling to fly, house, and feed these women? For months on end, while the trial drug through the court systems? How many would have testified?

Finally, a point most don't know: Here, in California, DA's have total immunity from civil law suits. So, they can release whomever, for whatever, and not be sued for it.
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Old 08-30-2011, 11:12 AM
 
Location: Earth Wanderer, longing for the stars.
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There was semen found. Sex probably DID take place. Trouble, is, it could have been consentual. The woman had lied before about being raped when she was not, and again, there are the comments that she knew what she was doing and the fellow was rich.
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Old 08-30-2011, 03:47 PM
 
Location: Dublin, CA
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Quote:
Originally Posted by goldengrain View Post
There was semen found. Sex probably DID take place. Trouble, is, it could have been consentual. The woman had lied before about being raped when she was not, and again, there are the comments that she knew what she was doing and the fellow was rich.
Yes, ok. Who's semen? Where? More importantly to me, WHEN was it deposited there? How do you know sex took place? He could have masturbated. Could have been there from 2-3 days prior, when he had consensual sex with someone else. The list is endless.
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Old 08-30-2011, 03:57 PM
 
Location: Earth Wanderer, longing for the stars.
12,408 posts, read 16,477,375 times
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Quote:
Originally Posted by Phil306 View Post
Yes, ok. Who's semen? Where? More importantly to me, WHEN was it deposited there? How do you know sex took place? He could have masturbated. Could have been there from 2-3 days prior, when he had consensual sex with someone else. The list is endless.
From what I read the speculation is that she had consensual with him in trying to set him up.
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