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A couple of points regarding the prosecutor's initial charges:
"That still doesn't justify, legally speaking, the initial Attempted 2nd Degree Murder charge from the DA. "Attempted" murder is a specific intent crime. Meaning, the conscious object or goal of kicking the kid could not merely have been just to to hurt the guy. That would only be a Battery (I'm still not conceding the Sneakers as "dangerous weapons" yet, but we can come back to that later). In order for attempted murder to even be a remotely somewhat quasi reasonable charge in this case, the DA would have needed to be able to point to evidence showing that Bell specifically intended to KILL the guy before the fight even took place. Murder would have had to be the goal from the outset. The facts don't even come close to supporting that charge here.
I submit that the facts here demonstrate that the DA has allowed racial bias to color his judgment as an officer of the court and as an agent of the state. Just like former DA Mike Nifong in the Duke Lacrosse Team prosecution, Reed Walters has abused his discretion as a prosecutor here (in addition to violating the Rules of Professional Conduct for "the pen" incident) and, accordingly, needs to be stripped of his license to practice law."
Regarding this discretion, and the argument that the prosecutor may trump up charges in order to produce a plea bargain at a lesser charge:
Doing so is an abuse of discretion.
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;
Rule 8.4 Misconduct
It is professional misconduct for a lawyer to:
(a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;
(b) commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects;
(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;
(d) engage in conduct that is prejudicial to the administration of justice;
The facts were in todays newspaper, the white tree was not for whites only, black hung out there to, there were 2 nooses not three and the blacks did not take offense, the kids black and white played with them until the school took them down, the kids who hung them were transfered to anouther school for 1 month then suspended for 2 weeks not suspended for 3 days as the media claims. bell was already on probation for two counts of battery and one count of criminal damage to property, the US justic department found no connection to the nooses and the beating in the Dec. attack and ruled it as a race hate crime by the six. The jury was all white because the blacks summoned for jury duty did not show up. there were fights before all this happened between blacks and whites. The people of Jena, Black and White think this has been blown out of proportion by the media.
A couple of points regarding the prosecutor's initial charges:
"That still doesn't justify, legally speaking, the initial Attempted 2nd Degree Murder charge from the DA. "Attempted" murder is a specific intent crime. Meaning, the conscious object or goal of kicking the kid could not merely have been just to to hurt the guy. That would only be a Battery (I'm still not conceding the Sneakers as "dangerous weapons" yet, but we can come back to that later). In order for attempted murder to even be a remotely somewhat quasi reasonable charge in this case, the DA would have needed to be able to point to evidence showing that Bell specifically intended to KILL the guy before the fight even took place. Murder would have had to be the goal from the outset. The facts don't even come close to supporting that charge here.
I submit that the facts here demonstrate that the DA has allowed racial bias to color his judgment as an officer of the court and as an agent of the state. Just like former DA Mike Nifong in the Duke Lacrosse Team prosecution, Reed Walters has abused his discretion as a prosecutor here (in addition to violating the Rules of Professional Conduct for "the pen" incident) and, accordingly, needs to be stripped of his license to practice law."
Regarding this discretion, and the argument that the prosecutor may trump up charges in order to produce a plea bargain at a lesser charge:
Doing so is an abuse of discretion.
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;
Rule 8.4 Misconduct
It is professional misconduct for a lawyer to:
(a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;
(b) commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects;
(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;
(d) engage in conduct that is prejudicial to the administration of justice;
Just someone elses view point.
You post it as if it has more significance but it does not.
It carries as much weight as all the posts here.
The facts were in todays newspaper, the white tree was not for whites only, black hung out there to, there were 2 nooses not three and the blacks did not take offense, the kids black and white played with them until the school took them down, the kids who hung them were transfered to anouther school for 1 month then suspended for 2 weeks not suspended for 3 days as the media claims. bell was already on probation for two counts of battery and one count of criminal damage to property, the US justic department found no connection to the nooses and the beating in the Dec. attack and ruled it as a race hate crime by the six. The jury was all white because the blacks summoned for jury duty did not show up. there were fights before all this happened between blacks and whites. The people of Jena, Black and White think this has been blown out of proportion by the media.
Excellent points, very enlightening. I would add one point that most seem to gloss over is the noose incident occurred a good three months before the 6 students stomped Barker
The facts were in todays newspaper, the white tree was not for whites only, black hung out there to, there were 2 nooses not three and the blacks did not take offense, the kids black and white played with them until the school took them down, the kids who hung them were transfered to anouther school for 1 month then suspended for 2 weeks not suspended for 3 days as the media claims. bell was already on probation for two counts of battery and one count of criminal damage to property, the US justic department found no connection to the nooses and the beating in the Dec. attack and ruled it as a race hate crime by the six. The jury was all white because the blacks summoned for jury duty did not show up. there were fights before all this happened between blacks and whites. The people of Jena, Black and White think this has been blown out of proportion by the media.
My...My...My Isn't this all so interesting.....
Look out because some will avoid these facts.....
Thanks for the info.
Just someone elses view point.
You post it as if it has more significance but it does not.
It carries as much weight as all the posts here.
Eh, it's the opinion of a practicing attorney, and it's relevant code.
Doesn't really say much about the situation at hand, because at this point we're all still guessing, but I posted it to steer the conversations away from some of the incorrect viewpoints being posted.
Eh, it's the opinion of a practicing attorney, and it's relevant code.
Doesn't really say much about the situation at hand, because at this point we're all still guessing, but I posted it to steer the conversations away from some of the incorrect viewpoints being posted.
The opinion of the attorney?
You don't think he will have some bias?
You might as well just repost what some have posted here.
The code of law is fine.
But it is just that, code of law.
There was no attempt to engage in misconduct, it seems you are posting this to try and prove something that did not happen.
What news paper did you read this in? Can you provide a link?
Quote:
Originally Posted by Roaddog
The facts were in todays newspaper, the white tree was not for whites only, black hung out there to, there were 2 nooses not three and the blacks did not take offense, the kids black and white played with them until the school took them down, the kids who hung them were transfered to anouther school for 1 month then suspended for 2 weeks not suspended for 3 days as the media claims. bell was already on probation for two counts of battery and one count of criminal damage to property, the US justic department found no connection to the nooses and the beating in the Dec. attack and ruled it as a race hate crime by the six. The jury was all white because the blacks summoned for jury duty did not show up. there were fights before all this happened between blacks and whites. The people of Jena, Black and White think this has been blown out of proportion by the media.
If you jena 6 deserves life, the noose 3 rightfully deserves 15.
Something that was not illegal deserves 15 years.
I think you are truly misguided.
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What is the name of the news paper?
