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Don't worry too much about that scenario. They almost never bring charges against powerful people. The real problem is when they abuse their authority with people that don't have the governor's cell phone number.
That happened in my area... the AUSA had a decision to make if he should prosecute a judge who let an illegal run out the back door of the courthouse to avoid ICE.
He did so.
I was stunned, but I bet if we allowed personal prosecutions when the political world changes, he would not have done it.
I agree unfettered prosecutoral ability to ruin a life has to be stopped but in another way.
Imagine how easy it is for a prosecutor to steam-roll a defendant who has no resources to hire a real lawyer and has to rely on a half-butt public defender.
The only thing that kept anyone close to honest in the Kyle case was the hours of video that couldn't be fudged or witness statements that couldn't be distorted. Without that, it'd been a free-for-all.
I have to admit I am astonished at white-right America's outrage at the prosecutors in this case. They clearly live in a different reality and have limited to no experiece with the so-called justice system. . This is what prosecutors do. They lie. They withhold evidence. They fabricate evidence. They bring up outrageous charges to force defendants to accept plea bargains for things they did not do. They encourage police to lie. They coach witnesses to lie. They take advantage of their relationships with judges. Justice in America is a joke. It is reserved for the rich and well-connected - and that too is an injustice.
Yes. This is all true. The only thing I'd add here is that people need to understand that this stuff happens in almost every single case. Some abuses are more egregious than others, but it almost always happens. The good prosecutors eventually quit and become defense counsel. But the bad ones, the really bad ones, stick around to collect the pension or try to get a judgeship.
Eliminating prosecutorial immunity would be a good first step, but there's a lot of work that needs to be done to fix the system.
Imagine how easy it is for a prosecutor to steam-roll a defendant who has no resources to hire a real lawyer and has to rely on a half-butt public defender.
Actually, most Public Defenders are pretty good lawyers. The problem is they get loaded up with 120+ cases. I'm not kidding, 120-140 cases per PD is pretty normal. It's not possible to be effective counsel for 120 criminal defense clients, but they try like hell to do it. I feel bad for them to be honest and I give them a lot of credit for trying as hard as they do.
Actually, most Public Defenders are pretty good lawyers. The problem is they get loaded up with 120+ cases. I'm not kidding, 120-140 cases per PD is pretty normal. It's not possible to be effective counsel for 120 criminal defense clients, but they try like hell to do it. I feel bad for them to be honest and I give them a lot of credit for trying as hard as they do.
Plus, they may be lacking "status" in the lawyer community, which is an invisible but very powerful factor in the outcome of many cases.
They'd be really foolish to do so because he has a self defense justification verified by a court already. In a wrongful death suit, you need a wrongful death.
Now sure, they can attempt to bring that kind of lawsuit despite no chance of success, but they'd be open to a counter suit that likely WOULD be successful.....so they should probably just take the L and go away.
Nope.
The barrier is much lower in civil court.
Properly theyd approach the case arguing that Rittenhouse behaved unlike a reasonable person. Given he wasn’t employed as security nor does he have any property in the area they have a pretty good chance of winning.
Lawyers are a fraternity. They are loath to take any action against one another.
And just try to get a judge to admit the system is a nightmare.
They live in this fantasy land that this is the best system out there and never seriously question or scrutinize anything because it "isn't their role" or "it isn't the way it is done".
Judges are supposed to be the stop gap that puts and end to injustice (even though they can't dismiss over a prosecutors objection) but they have become so unwilling to make waves.
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