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View Diary: Breaking: Power Mad DA Charges Berkeley Professor & Students Beaten by UC Police. (283 comments)

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  •  Under our system of justice, the only (12+ / 0-)

    way the police behavior can be exposed is for there to be a trial and to have a trial there have to be two sides to argue the merits.
    As long as prosecutors keep dismissing cases, the malfeasance on the part of police will not be exposed to public censure.  Yes, people can continue to file civil suits and our public corporations can continue to pay damages, but the executive agents who are perpetrating the mayhem will not be stopped.  
    The charges the prosecutor is forwarding to a judge were brought on the basis of sworn testimony by law enforcement officers.  If they lied, that won't be exposed unless they are brought into open court. If they perjure themselves on the stand, they can be dealt with as criminals. Otherwise, their qualified immunity protects them from being individually accountable.
    Prosecutors who routinely dismiss the charges brought by the agents of law enforcement are participating in a cover-up if they have reason to suspect that the charges are bogus.

    This shooting from the hip at the DA is not very different from carping about the DoJ arguing on the side of government malfeasance in order to get SCOTUS review of bad law.
    Lots of our legislators don't seem to appreciate that passing bad laws has bad consequences.  Perhaps some of them just count on laws not being enforced by lazy prosecutors and lazy judges. Maybe the vaginal probe people are counting on doctors refusing to use them when patients object. But, counting on other people to correct one's mistakes is not just shoddy, it's immoral.
    California lawmakers passed laws which permit the agents of law enforcement to attack persons who don't obey their demands without question.  At least, that's the interpretation of the laws they've been taught.  If we don't want that interpretation, the law has to be changed.  If the lawmakers won't do it, there's only the judges.  And for judges to do it there has to be a case.

    People to Wall Street: "LET OUR MONEY GO"

    by hannah on Thu Mar 08, 2012 at 06:13:39 AM PST

    •  Thanks, so in court we will get the names of the (3+ / 0-)
      Recommended by:
      IreGyre, jpmassar, JayRaye

      cops who did the deeds.  Otherwise we may not know their names?  And their behavior can also be exposed because they will have to testify.

      A good legal team can expose the abuses that went on that day.

      So maybe the DA is moving forward so that the cops do get exposed to our legal system and we can look for justice in the court room.

      Congressional elections have consequences!

      by Cordyc on Thu Mar 08, 2012 at 06:49:13 AM PST

      [ Parent ]

      •  That would be my take on it. (11+ / 0-)

        Actually, the defendants should have gone and demanded copies of the charges and reports filed by the cops.  Such records are not automatically available to the press or public, but they have to be provided to the people arrested -- if they ask.  The police are not required to volunteer the information and documents. Some police departments may even try to resist by charging excessive fees (more than the copying cost) for the documents, but the law says they have to hand them over.

        What often happens to indigent defendants who have to rely on public defenders in regular criminal cases is that the public defenders are assigned late, the charging documents aren't handed over to them until just before the matter goes to court and then the prosecutor "offers" to make a deal by taking a plea of guilty to a "lesser" offense (easy to find since the cops have made stuff up) in order to dispose of the matter as "efficiently" as possible.

        OWS is an excellent opportunity to expose a rotten system.  But, it's going to take some people willing to sacrifice their comfort and time.

        Fact is the judicial system is not set up to deal with really innocent people.  That's why there were over thirty people on Illinois' death row who hadn't done the crime they were convicted of.

        I once had a lawyer who'd been in practice for decades tell me he'd never had an innocent client.  That was his way of explaining how come he didn't know how to proceed and kept pushing for a plea.

        Preconceived notions are hard to shake because the human brain does not like being wrong.

        People to Wall Street: "LET OUR MONEY GO"

        by hannah on Thu Mar 08, 2012 at 08:01:34 AM PST

        [ Parent ]

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