Register a SA Forums Account here!
JOINING THE SA FORUMS WILL REMOVE THIS BIG AD, THE ANNOYING UNDERLINED ADS, AND STUPID INTERSTITIAL ADS!!!

You can: log in, read the tech support FAQ, or request your lost password. This dumb message (and those ads) will appear on every screen until you register! Get rid of this crap by registering your own SA Forums Account and joining roughly 150,000 Goons, for the one-time price of $9.95! We charge money because it costs us money per month for bills, and since we don't believe in showing ads to our users, we try to make the money back through forum registrations.
 
  • Locked thread
Farmer Crack-Ass
Jan 2, 2001

this is me posting irl

Randbrick posted:

A competent prosecutor doesn't wait until after speedy trial timeframes have elapsed to nolle prosse. When their case is unformed, unprepared, or unresearched, they generally offer a plea on the day of trial, with the threat of continuance or nolle prosse if that plea is rejected. The former will hold a client without bond over for at least 2 weeks, while the latter will result in re-arrest and is actually a tangible threat even to a client who has bond. Of course, this will also typically result in a client losing jail credit for time served prior to incarceration on the "new" charge.

I do not mean to say that the nolle prosse implicates double jeopardy on a de jure level. The problem is that courts do not recognize the de facto harm that defendants face in a system where the prosecution has a largely unfettered ability to skirt the actual protections which the 5th Amendment is supposed to guarantee by pressing a reset button on their litigation.

The Constitution may not comprehend that people lose their jobs and their homes by pre-trial incarceration, nor that even a $500 fee on a secured bond is often more than many can afford. But defendants understand pretty well that a prosecutor has the power to simply restart a case if they don't feel like preparing it in advance of trial, and that if they fight those cases they can find themselves arrested again at some point in the near future, with no advanced warning but what the daily warrant report may provide. That is an extremely compelling form of leverage, and the only actual protection against its compulsive force is a trial court level judiciary willing to stand up to the local District/Commonwealth Attorney's office.

How often can prosecutors hit that "reset button"? Could a malicious prosecutor feasibly re-file charges and drop them as many times as they wished without legal repercussion?

Adbot
ADBOT LOVES YOU

Farmer Crack-Ass
Jan 2, 2001

this is me posting irl

Zeitgueist posted:

The military actually has rules of engagement and tries not to kill innocent people.

I remember reading an article several years ago where a US Army officer said that when it came to cornering someone inside a house in Iraq, he was literally under stricter rules of engagement than the cops are. The army would surround the house and basically wait the guy out, and more often than not the dude would surrender within like 24 hours. If I remember right, actually breaking into the house was considered extremely risky and a last resort, and he'd have to get permission from further up the chain of command to do so.

Contrast with the cops where they're loving gung-ho about bashing the door in and throwing flashbangs and LARPing out their Tom Clancy Rainbow Six fantasies.

Farmer Crack-Ass
Jan 2, 2001

this is me posting irl
I think you guys got the completely wrong message from my post. I was trying to suggest that the police are so out of control that they exercise less restraint than an occupying army fighting an insurgency, and that this highlights just how hosed up police tactics and use of force are.

Farmer Crack-Ass
Jan 2, 2001

this is me posting irl

Jarmak posted:

Yeah but your message was completely wrong, we didn't use less restraint.

Fine, I guess I either misremembered the article, or the author was incorrect. You win.

The police are still too loving violent and no-knock raids are used way too loving often.

Farmer Crack-Ass
Jan 2, 2001

this is me posting irl

Comstar posted:

Freddie Grey arrest warrents drawn up to arrest Princess Peach the lunch lady and a Mario brother (warning, autoplaying video).


Gee, wonder how THAT happened. Is Donkey Kong is in charge of the Police?

Princess Peach was not the woman kidnapped by Donkey Kong. You're thinking of Bowser.

Adbot
ADBOT LOVES YOU

Farmer Crack-Ass
Jan 2, 2001

this is me posting irl

Powercrazy posted:

Why the exception for a "Swat" team? There is literally no need for one. The purpose of "shock and awe" no-knock raids is to secure drug evidence incase the occupants try to destroy it. And to that I say, "so what?" Your precious evidence isn't worth the huge escalation of force against citizens. SWAT teams should be explicitly federally banned and should exist as only an FBI special task force.

That's an interesting argument, usually people say we should largely disarm the regular cops and leave the firearms to special teams for things like violent bank robbers packing body armor (which is absolutely a very rare circumstance). If we make it so that regular cops don't get rifles and there's no SWAT, should there be a point of escalation between street cops and calling out the National Guard?

  • Locked thread