Sunday, December 05, 2021

"How Can You Destroy a Person’s Life and Only Get a Slap on the Wrist?"

 That's the title of this NY Times editorial, which is a question that the criminal defense bar has been pressing for decades. From the conclusion:

There is no principled reason for federal prosecutors to avoid the accountability expected of all public servants. Their exemption from the general rule was adopted in 1988 as a favor to Dick Thornburgh, who was then the attorney general and had tried to derail the creation of an inspector general for the Justice Department. Years later, Mr. Thornburgh admitted he had been wrong. “This is a highly professional operation that goes where the evidence leads and is not directed by the way the political winds are blowing,” he said at a gathering marking the law’s 25th anniversary in 2014. “I’ve come to be a true believer.”

So have large numbers of Republicans and Democrats in Congress, a remarkable fact at a moment when the parties can’t agree on the time of day. Their fix is straightforward: Eliminate the loophole in the 1988 law and empower the inspector general to review claims against federal prosecutors, just as the office currently does in cases involving other Justice Department employees. A Senate bill co-sponsored by Mike Lee, Republican of Utah, and Dick Durbin, Democrat of Illinois, would do exactly this. Yet Attorney General Merrick Garland is continuing in the tradition of his predecessors by opposing any change to the existing system.

Prosecutors can work in the interests of fairness and justice, but they can also cheat and destroy people’s lives. They should be held accountable when they do — both to vindicate their victims and to help ensure that they can’t do it again.

5 comments:

Anonymous said...

The system, Prosecutors, Judges and even Lawyers dont see defendants as victims. The presumption of innocence is laughable.
Youre lucky if your lawyer can get you a good deal, you're bold and deserve to be punished if you want to make the government prove their case at trial. So much that it turns into proving innocence, a much harder ‘standard’.
Prosecutors will do anything to coerce a plea. Including wiretaping defense counsel, insert spies, and steal defense documents then lie about it if they get caught when they try to use the fruit of the poison tree. Judges know all about it, appeal judges know it too.

Anonymous said...

Zzzzzzzz. Same as it ever was.

Anonymous said...

I think he's making the point that the rape victim who is pointed to the wrong person by the corrupt institution is victimized again. This woman was raped. There was a crime. The Defendant didn't do it, but, there was a rape.

Then, the government raped her again. Imagine the pain of having imprisoned an innocent man for decades. Couple that with knowing that the man who raped you will never be punished. Sad.

Anonymous said...

Wrong thread. Everyone knew what he meant thanks for explaining.

Anonymous said...

December 6, 2021. Still no US attorney or judges. Dems in disarray.