Skarp wrote:Rootingforsis wrote:Why do you think the Duke case was an anomaly? But if they have text messages and multiple victims, that sounds like where there's smoke . . .
Because it was an anomaly. A high-profile anomaly. Hey, I'm not saying that every charge is correctly filed, but any normal D.A. is going to evaluate the evidence and file charges based on what crimes there is a reasonable chance of proving. Do they sometimes get overzealous? Yes. Do they sometimes misjudge the quality of the evidence? Again, yes. But normally when charges are filed it means that a person who makes his living judging such things deems the evidence sufficient to warrant them. Obviously it still has to be proven, but in the interim that should be enough to justify keeping him away from the players.
You're opinions are always insightful, and I don't intend to rehash a previous discussion between us in another post on this issue. But your ideas about the criminal justice system are naive at best. The criminal justice system in this country is seriously flawed. The guilty go free on a regular basis, and the innocent are frequently charged, convicted, or coerced into plea bargains because of the threat of long jail sentences.
You are particuarly wrongheaded with regard to what you think about "normal" District Attorneys. "Anamolies," maybe, but I would guess neither you nor anyone in your immediate circle have ever been the target of a "normal" District Attorney. The Duke case, and cases like it, happen much more frequently than you are willing to accept. All District Attorneys thrive on the high-profile conviction, and none that I personally know hesistate for a moment to pursue a marginal claim in pursuit of headlines.
My former mock trail partner in law school eventually became a very well-respected District Attorney in East Texas who specialized in sex crimes. She was quite proud of her position that she didn't care if they were guilty or innocent because she was only concerned with what she could prove to a jury because if he didn't do this crime, he had done one in the past, or he would do one in the future, because all men are guilty of a sex crime at some point in their lives. She really, really believed it. She would prosecute ANYTHING she thought she could get a conviction on. And the scary, scary thing is that she is an unbelievably gifted trial lawyer. She sleeps without regret at night knowing that she likely convicted innocent men of a crime they didn't commit because she was a better lawyer and jurors believe like you believe.
I agree, however, that guilty until proven innocent is not the standard at the ballpark, and question why the TNL parents are cooperating with this guy if the evidence is stacked against him.



























