Comment by burnte
16 days ago
Absolutely. I actually went to trial many years ago because a DA wouldn't back down, he thought I'd bend. I didn't. We literally had video footage of the culprit, it clearly wasn't me and clearly WAS someone else. The DA waited until the day before we were to pick a jury to drop the charges, just a few days before trial. After, the DA even said to me, "I'm a dangerous man to make an enemy of." I think I was 20, so obviously I was cocky and snapped back "So am I," and stormed off. I not live a thousand miles away from that crappy little town.
I would be interested to know from him why he, personally, felt that you defending your innocence made you his enemy.
When I was 19 and told the DA I'd be fighting my case and proving my innocence, I watched a vein pop out of his head. He got the better of me though, his dad was the mayor and the judge was in his pocket and they facilitated an absolutely mockery of a trial despite zero evidence, and my public defender was in on the racket and refused to allow me an appeal, and the jail refused to give me new counsel.
This same DA has a reputation for assaulting prostitutes and just got sworn in as the parish judge. I guess playing fair would have hurt his career because my understanding is to be a judge out there you have to demonstrate crookedness.
Louisiana? Not surprised.
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Because the DA has a win/loss ratio to maintain. If it drops too low, how is he ever going to run for governor? It's all about power using it to protect their career.
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As people have said, they hate losing a case and will try to tempt you into a plea deal that seems like less hassle than anything else and "make this go away." But I'm stubborn, always have been. I made a fool of him in court by his reckoning because I challenged his authority and won.
Seriously. And what kind of moron did the D.A. he think was that he would take a criminal conviction on his record by pleading guilty, when he had video evidence of his innocence!! Just to avoid embarrassing the D.A., a stranger to him?
Can the DA's past history be used as evidence in future cases to show they're not credible?
Courtroom trials aren't supposed to be the DA's word against the defending lawyers. They are supposed to be about evidence presented by them.
I'd like to see a three way verdict: guilty/not guilty/innocent.
An innocent verdict would mean the defendant had proven beyond a reasonable doubt that they did not do the act and would put the state on the hook for all costs. A jury that hung between not guilty and innocent would be considered to be not guilty, no retrial. Reality works better when misdeeds carry costs for those who commit them.
"Your honor, I was innocent of that prior crime and it shouldn't be used to enhance the sentencing of this current case, nor to influence the jury's perception."
"I'm sorry, it says you weren't found guilty; it doesn't say you were innocent."
Now extrapolate this to your friends or potential employers.
"Sure, LorenPechtel wasn't proven guilty of murdering 500 orphans as accused, but he never fully proved his innocence with a detailed and corroborated minute-by-minute log of his activities for the past 5 years. So maybe he did it!"
It's innocent until proven guilty. Not guilty until proven innocent. A third category would be abused to high heaven, and the courts already engage in far too much abuse.
Except for plea bargains, where it is often "innocent until bullied into accepting a plea deal as the better option - even when you didn't do it". No need to prove anything there.
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People mentioned it in the article, it used to be "innocent until proven guilty". No need for a third category.
You're presumed innocent unless proven guilty.
Or if the jury acquits, they are asked whether it was reasonable for the state to prosecute the case for each of the charges. If ≥50% say no on any charge, criminal charges are automatically brought against the prosecuting attorney and judge for malicious prosecution. Conviction carries mandatory disbarment plus prison time.
They used to have this in Scorland - Guilty, Not Guilty and Not Proven, with the last two legally having the same affect (ie being aquitted) but I believe Not Proven was abolished at the start of this year.
I believe the problem was that in practice it became He Totally Did It But The Evidence Sucks So He Gets To Walk Free, and was increasingly interpreted as such. In the public's eye, everything besides a Not Guilty meant you did it.
There are sort of other options like an Alford plea where, my understanding is, the prosecution knows you didn’t do it, you plead guilty anyway and they tell you to just fuck off.
so then if you're not guilty, so not actually innocent, you're like... kinda guilty, right? you could still end up on the no-fly list, or the sex offenders list, or what have you.
I like this!
Should reply "and you have made an enemy today."