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12-26-2017, 11:20 AM
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#76
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Valued Poster
Join Date: Jan 16, 2010
Location: Texas
Posts: 51,038
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Quote:
The current Federal conviction rate is above 97% overall, with the majority being plea agreements. Defendants are overcharged with crimes so they will be more amenable to taking plea agreements.
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I would take issue with the "overcharged" part if that means a count in the indictment exceeds the admissible evidence to prove the specific elements of the alleged offense. I realize Federal districts can vary to a degree, but the DOJ guidelines control the variance.
And I'm not commenting on this specifically named "substitute" U.S. Attorney.
The Government has a "nasty" habit of charging defendants with multiple counts in indictments and more often than ought to be the sentencing for the counts requires a "stacked" sentence with high minimums with oppressive provisions in the Federal Sentencing Guidelines that increase the sentences well beyond the minimum set by Congress.
The potential long sentences without "good time" that is customarily seen in state cases, which means the defendant will do day for day on the sentence with very little reduction if any, is what gets pleas on a negotiated agreement, which must come early in the proceeding in order to gain some relief for "cooperation" with the Government by not contesting discovery and/or other evidentiary matters while the case is pending.
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12-26-2017, 12:09 PM
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#77
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Valued Poster
Join Date: Jan 9, 2010
Location: Nuclear Wasteland BBS, New Orleans, LA, USA
Posts: 31,921
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Quote:
Originally Posted by IIFFOFRDB
This brings up the question of whether they are “Finders of Fact” as they should be, or if they are only interested in gaining a conviction. The current Federal conviction rate is above 97% overall, with the majority being plea agreements. Defendants are overcharged with crimes so they will be more amenable to taking plea agreements. /
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Quote:
Originally Posted by LexusLover
The Government has a "nasty" habit of charging defendants with multiple counts in indictments and more often than ought to be the sentencing for the counts requires a "stacked" sentence with high minimums with oppressive provisions in the Federal Sentencing Guidelines that increase the sentences well beyond the minimum set by Congress.
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this scalping practice by the prosecutors needs to stop. they're not interested in getting a fair conviction, but a "Win" in their polished up resume.
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12-26-2017, 01:02 PM
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#78
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Valued Poster
Join Date: Jan 16, 2010
Location: Texas
Posts: 51,038
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Quote:
Originally Posted by dilbert firestorm
this scalping practice by the prosecutors needs to stop. they're not interested in getting a fair conviction, but a "Win" in their polished up resume.
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I suspect that a few are worried about their "resume," but the best way for a prosecutor or any attorney to maintain a respectable win/loss ratio is better case analysis (and case selection) to determine the validity and viability of the accusations before pursuing the matter. That was the cause of the bad results for the prosecutor in the Baltimore "Freddy Gray" cases against the police officers.
For the most part Assistant U.S. Attorneys do not try that many cases, so some of their case analysis may be faulty just because they lack the scope and breadth of the contested courtroom experience with which to evaluate potential results. Furthermore, often prosecutors "have" to try cases for political reasons and because defendants will simply not agree to a plea within the scope of the prosecutor's requirements for a plea agreement.
The above has NOTHING to do with the willful withholding of evidence and information by a prosecutor, which is the matter at hand. But when it happens at this level it may be the result of the prosecutor believing that a release of all evidence may shit can their already weak case, in which circumstance an accurate assessment has been made.
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12-26-2017, 02:49 PM
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#79
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Valued Poster
Join Date: Aug 21, 2010
Location: reynoldsburg, ohio
Posts: 3,271
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Quote:
Originally Posted by IIFFOFRDB
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Sounds like that DA needs to be DISBARRED, if he has that long a list of WILLFUL Brady Violations..
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12-26-2017, 03:00 PM
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#80
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Valued Poster
Join Date: Nov 23, 2016
Location: north KCMO
Posts: 5,711
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Quote:
Originally Posted by LexusLover
Learning! Something foreign to you, Parrot!
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12-26-2017, 03:04 PM
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#81
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Valued Poster
Join Date: Nov 23, 2016
Location: north KCMO
Posts: 5,711
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Quote:
Originally Posted by I B Hankering
What's the Keystone Pipeline protest have to do with the Bundies, Ekim the the Inbred Chimp? Or are you just too damn stupid to check your sources before you post bullshit, Ekim the Inbred Chimp?
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Source was wrong ekim the inbred hillbilly, was supposed to be trash left behind by Bundy standoff. Piss off.
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12-26-2017, 03:04 PM
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#82
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Valued Poster
Join Date: Jan 16, 2010
Location: Texas
Posts: 51,038
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There are ethical considerations for prosecutors (he's a United States Attorney not a "DA") and attorneys that would apply to prosecutors. There are also standards of the United States District Courts in which he practices as a U.S. Attorney (USA) or Assistant United States Attorney (AUSA).
General Sessions has initiated an inquiry.
The most recent public action was Bill Clinton's perjury finding that resulted in him relinquishing his Arkansas law license based on the Federal Judge's findings. The Federal Judge can make a recommendation and/or a fact finding. It sounds like at least General Sessions will fire him or give him the option to resign.
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12-26-2017, 03:06 PM
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#83
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Valued Poster
Join Date: Jan 16, 2010
Location: Texas
Posts: 51,038
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Quote:
Originally Posted by bamscram
Source was wrong ekim the inbred hillbilly, was supposed to be trash left behind by Bundy standoff. Piss off.
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That happens to the best of Parrots. Your not the "best," but you are at least a persistent little pecker head! So don't get pissed off when someone corrects you, or you'll be pissed off all the time! Make that a New Year's Resolution!
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12-26-2017, 03:08 PM
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#84
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Valued Poster
Join Date: Jan 16, 2010
Location: Texas
Posts: 51,038
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Quote:
Originally Posted by bamscram
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Good Little Parrot. Mimic a dog! Fantastic!
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12-26-2017, 03:17 PM
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#85
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Valued Poster
Join Date: Nov 23, 2016
Location: north KCMO
Posts: 5,711
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Quote:
Originally Posted by LexusLover
That happens to the best of Parrots. Your not the "best," but you are at least a persistent little pecker head! So don't get pissed off when someone corrects you, or you'll be pissed off all the time! Make that a New Year's Resolution!
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As many mistakes as you make your statement is a hoot.
Quote:
Originally Posted by LexusLover
Good Little Parrot. Mimic a dog! Fantastic!
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Keep yapping yappy. Eccie's prime yap dog.
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12-26-2017, 03:47 PM
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#86
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Valued Poster
Join Date: Jan 16, 2010
Location: Texas
Posts: 51,038
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Good Little Parrot. Fantastic job!
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12-26-2017, 03:51 PM
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#87
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Valued Poster
Join Date: Jul 24, 2013
Location: Aqui !
Posts: 8,942
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Quote:
Originally Posted by bamscram
Source was wrong ekim the inbred hillbilly, was supposed to be trash left behind by Bundy standoff. Piss off.
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" Source was wrong....." Nice how YOU lay the blame elsewhere EKIM ! Was " the source " wrong about those KansASS " mountains " that YO crowed about right up until the election results ? The results that had YOU tuck tail and reinvent YOURSELF so as not to have to honor that BET that YOU made about a " vacation " if shrilLIARy LOST ! ??? It's always someone else's fault with YOU lyin liberals. And especially for YOU nutless EUNUCHS !
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12-26-2017, 03:53 PM
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#88
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Valued Poster
Join Date: Jan 9, 2010
Location: Nuclear Wasteland BBS, New Orleans, LA, USA
Posts: 31,921
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Quote:
Originally Posted by LexusLover
I suspect that a few are worried about their "resume," but the best way for a prosecutor or any attorney to maintain a respectable win/loss ratio is better case analysis (and case selection) to determine the validity and viability of the accusations before pursuing the matter. That was the cause of the bad results for the prosecutor in the Baltimore "Freddy Gray" cases against the police officers.
For the most part Assistant U.S. Attorneys do not try that many cases, so some of their case analysis may be faulty just because they lack the scope and breadth of the contested courtroom experience with which to evaluate potential results. Furthermore, often prosecutors "have" to try cases for political reasons and because defendants will simply not agree to a plea within the scope of the prosecutor's requirements for a plea agreement.
The above has NOTHING to do with the willful withholding of evidence and information by a prosecutor, which is the matter at hand. But when it happens at this level it may be the result of the prosecutor believing that a release of all evidence may shit can their already weak case, in which circumstance an accurate assessment has been made.
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are you defending these lawyers????? they go to trial when they knowingly withhold evidence, knowing full well that their cases is weak and you blame that on bad case analysis? I call bullshit on that.
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12-26-2017, 04:02 PM
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#89
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Valued Poster
Join Date: Jan 3, 2010
Location: South of Chicago
Posts: 31,214
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Quote:
Originally Posted by Rey Lengua
" Source was wrong....." Nice how YOU lay the blame elsewhere EKIM ! Was " the source " wrong about those KansASS " mountains " that YO crowed about right up until the election results ? The results that had YOU tuck tail and reinvent YOURSELF so as not to have to honor that BET that YOU made about a " vacation " if shrilLIARy LOST ! ??? It's always someone else's fault with YOU lyin liberals. And especially for YOU nutless EUNUCHS !
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Ekim the Inbred Chimp epitomizes the adage, "Stupid is as stupid does." Ekim the Inbred Chimp uses stupid sources which he stupidly expects won't be stupid --- but he stupidly CHOSE and relied on the stupid source!
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12-26-2017, 04:04 PM
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#90
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Valued Poster
Join Date: Jul 24, 2013
Location: Aqui !
Posts: 8,942
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Quote:
Originally Posted by I B Hankering
Ekim the Inbred Chimp epitomizes the adage, "Stupid is as stupid does." Ekim the Inbred Chimp uses stupid sources which he stupidly expects won't be stupid --- but he stupidly CHOSE and relied on the stupid source!
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+ 1 !!!!
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