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Prosecutorial Misconduct-A Right According to Some Prosecutors

“Prosecutorial Misconduct-A Right According To Some Prosecutors” by John F. Hays, a Seattle Private Investigator.

My last post was about prosecutorial misconduct and was based on an article by Radley Balco, who writes “The Watch” for the Washington Post. Here’s a followup by the same writer that validates the wording of the title of this post.

When a judge calls a prosecutor on the carpet for misconduct and that prosecutor accuses the judge of bias and asks him to recuse himself from criminal cases in her jurisdiction, something is seriously wrong. Prosecutorial misconduct should be a felony punishable by disbarment and jail time. Bust a few of these arrogant slimeballs and put them in prison with people they’ve convicted and we might see a revival of the quaint concepts of ethics and morality in the criminal justice system.

Here is an article on the topic in The Post and Courier, a Charleston, SC newspaper.

Kudos to South Carolina Supreme Court Justice Donald Beatty; and shame on Solicitor Scarlett Wilson.

 

Do Prosecutors Cheat?

“Do prosecutors Cheat?” by John F Hays, a Seattle Private Investigator.

Do prosecutors cheat? The short answer is yes.

Sometimes prosecutors cheat. Sometimes police cheat. Sometimes judges cheat. Sometimes defense attorneys and defense investigators cheat. Sometimes jurors cheat. When any players in the game of criminal justice cheat, the whole system fails. It fails the defendant and society, as a whole.

This article in “The Atlantic”, by Andrew Cohen and dated March 4, 2014, tells the story of a prosecutor who admitted the prosecution’s failure in a specific case. This sort of cheating happens all the time; but how often do we see the prosecution or any other players in the process own up to their failures? Laura Duffy did the honorable thing. Kudos to her; and heads up to any criminal justice system players who might play fast and loose with the law.

 

Are Drug Dogs Unreliable? Yes!

“Are Drug Dogs Unreliable? Yes!” by John F Hays, a Seattle Private Investigator.

The Washington Post just published an article that says that the science on the subject indicates “that drug dogs have disturbingly high rates of ‘false alerts’, sometimes with error rates well above 50 percent”. The article indicates that drug dogs can be deliberately or inadvertently influenced by their handlers. If this is true, the validity of evidence developed from the use of these dogs is questionable, at best. This should be the subject of a lot of discussion in the criminal justice system, especially in the criminal defense sector.

Check these links and others (in the article) collected by Radley Balco, the author of the above noted Washington Post article.

“The Mind of a Police Dog”

“NHP Troopers Sue…”

“Police Dog Named “Bono”…”

“Illinois State Police Drug Dogs…”

Tribune analysis: Drug-sniffing dogs…

“Handler beliefs affect…”

 

 

Prosecutor to be Jailed for Sending an Innocent Man to Jail?

“Prosecutor to be Jailed for Sending an Innocent Man to Jail?” by John F Hays, a Seattle Private Investigator

The Blog headline, “For the First Time Ever, a Prosecutor Will Go to Jail for Wrongfully Convicting an Innocent Man” by Mark Godsey, should astound the general public; but it shouldn’t cause the same reaction among people who work in the criminal justice field or those who have been harmed by prosecutorial and/or police misconduct.

This isn’t the first case where an innocent person has gone to jail under similar conditions. If this is the first prosecutor to be held accountable, it is potentially revolutionary. Prosecutors are now on notice. It’s way past due. I predict (and hope) that we’ll see more of these cases, now that the ice has been broken.

 

Zimmerman: Guilty or Innocent?

“Zimmerman: Guilty or Innocent?” by John F Hays, a Seattle Private Investigator.

I don’t claim to know the answer to the question. It’s obvious that the public, aided and abetted by the media, has already made up its collective mind. ZIMMERMAN IS GUILTY AS CHARGED! This was the opinion of the general public even before the trial started. Add to this the general opinion of the masses that an accused person is guilty because the person was arrested and charged.

Wow! Think of all the tax dollars that could be saved if we just substituted the media, leading the masses to popular “opinion”, for the legal system.

But, hold on a minute. Our legal system is based on the practical assertion and principle that a person is innocent until proven guilty. I guess the media and the masses don’t get it. Here’s a Facebook post you might want to read just to get some perspective on cases like this where a defendant is claiming self defense to justify a homicide. And remember that “homicide” is a morally and legally neutral term. Its meaning is too narrow for making decisions about how to treat the act and its results. Homicide can be “justified”, as in the case of legitimate self defense, or “unjustified”, as in the case of premeditated murder.

 

Sixth Amendment Cancelled?

“Sixth Amendment Canceled?” by John F Hays, a Seattle Private Investigator

Sequestration is the most inane excuse for violating human rights and our Constitution. According to the Sixth Amendment:

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.” US Constitution, Bill of Rights, Sixth Amendment.

Now take a look at this Associated Press article written by Gene Johnson. It appears that justice is now a commodity, just like everything else.

Is there a way that the House and the Senate can be held in contempt for violating the Constitution in such a blatant and egregious  manner?

 

Supreme Court Flunks Test On Privacy Rights

“Supreme Court Flunks Test on Privacy Rights” by John F. Hays, a Seattle Private Investigator.

Privacy rights were on trial; and The Supreme Court ruled by a 5-4 decision that police don’t need a search warrant to take your DNA by use of a mouth swab. What’s next? Fecal and urine samples? Blood draws? Sperm samples? If they get away with that, they can expand the program to requiring the same sampling for people getting driver’s licenses and registering to vote. Think about how many criminals they could find if they did house-to-house searches. Think about how safe that would make you feel.

 

Can the Drug War Be Nullified By Jury Nullification?

Can the Drug War Be Nullified By Jury Nullification? by John F Hays, a Seattle Private Investigator

The Drug War is a total failure. What started out and continues as a way to target minorities for discriminatory police attention has become one of the biggest domestic and foreign policy failures in our history. One set of beneficiaries of this domestic and foreign “war” are the police officers, the prosecutors and the judges who are paid drug-war-subsidized salaries. The only other beneficiaries are the cartels and gangs that were formed to take full advantage of this controlled, high value market. The gun-toting gangs and the shootings on our streets are the bloody pay-off we get along with the tax bill we pay to support this deadly boondoggle. We continue to pay for years for each conviction, resulting in the largest per-capita prison population on the planet. Don’t you just love getting so much value for your hard earned tax dollars?

When legislators pass bad criminal laws and police, prosecutors and judges continue the charade by enforcing the bad law via the criminal justice system, the public has few options to stop the ongoing tragedy.

The root of the problem is bad law; so going after the law makers is one route to take. But this is very slow and subject to the usual political BS. Washington and Colorado have recently passed laws legalizing limited pot sales, possession and use. The Feds will probably try to coerce the states to counter the voters’ will. We do not have to sit still for that.

There is a tool we have as citizens that is little known and seldom invoked that might break the back of the Drug War. It’s not a total solution; and it has some potential negative side-effects to consider. But it might speed up the process of converting the “war” into the medical/mental health issue it actually is.

[At this point I feel the need to state that I am not a lawyer and am not giving legal advice. I am a citizen and voter and have a right to speak out. The law belongs to the people, not the lawyers.]

What I propose is a minor rebellion. What if no court of law, federal, state or local, could get a jury to convict a person technically (under Federal law) guilty of limited drug sales, possession or use in the States of Washington and Colorado? What if this rebellion spread across all 50 States? See my earlier post on jury nullification and think about it.

Of course, the legislators who pass irrational, illogical, unenforceable laws and the police, prosecutors and judges who get paid to enforce these laws don’t want the public to be fully informed about such a subversive concept. So get informed and spread the word. If we can cripple the courts on these cases and, at the same time, pressure the law makers to eliminate the laws and funding underlying the war, we can have success in years, rather than generations.

What do you think?

 

 

The Death Penalty – Anachronistic State Sponsored Violence

The Death Penalty – Anachronistic State Sponsored Violence by: John F. Hays, a Seattle Private Investigator.

The death penalty is still on the books in 33 states plus Federal and U. S. Military cases. Former Whatcom County Superior Court Judge David Nichols says “In my 20 years on the bench, I came to recognize the death penalty as inherently unfair, arbitrary, costly and ineffective”.

The reasons for wrongful convictions are inherent in a flawed and inhumane legal system.

 

How many wrongfully convicted people do we have to read about in the news before we open our eyes to the immorality of capital punishment? How many wrongfully convicted people have already been executed or are now on death row? How can a nation claiming the high and mighty principles and morality we espouse be so complacent while the State kills innocent people in our names? A moral nation? Certainly not!

 

Prosecutorial Intimidation Subverts Criminal Justice System

Prosecutorial Intimidation Subverts Criminal Justice System by John F Hays, a Seattle Private Investigator.

An opinion piece in a recent New York Times SundayReview raises an issue that goes to the heart of the criminal justice system as it plays out in our current society. It asks where the justice is in a system that coerces most people accused of crime into accepting plea deals over jury trials.

According to the author, over 90% of criminal cases are never heard by juries. That means that over 90% of the accused cede their constitutional rights to trial by jury to accept plea deals. These plea deals are often portrayed by prosecutors as easy ways out of facing far more onerous outcomes if the accused insists on trial by jury. That means that the peoples’ power to determine the facts of all these cases and to decide the fate of the accused has been taken away by a system more interested in incarceration than justice.

I would also ask where the justice is in a system that replaces due process and the presumption of innocence with what amounts to backroom kangaroo courts run by prosecutors. Prosecutors represent the State. The power to determine guilt beyond a reasonable doubt belongs to the people.

The author also points out that the court system would collapse if everyone accused of crime insisted on jury trials. There wouldn’t be enough money and judges to handle the flood of trials that would result.

Maybe that’s what we need to open people’s eyes to a system of “justice” that fills prisons with minor offenders who could be better dealt with in community based programs.

The US has about 5% of the world’s population and almost 25% of the world’s prisoners. We also have a growing corporate prison industry that thrives on incarcerating as many people as possible and keeping them in lock up while they profit at the taxpayers expense.

This whole situation smells.

See my blog post about jury nullification, another way for the people to exercise their rights as citizen jurors to correct injustice.

 

 

 

 
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