Comments on: If only they’d used such caution the first time

By: I Haven't Done Anything | Probable Cause

I Haven't Done Anything | Probable Cause — Wed, 19 May 2010 03:54:04 +0000

[...] Gideon wonders,”why are prosecutors so fiercely protective of their wins?” What blows my mind is the conviction with which they pursue conviction, even in the least supportable cases. In fact, my own experience has been that the more unsupportable the charges, the harder the prosecution argues for conviction and punishment. (The other day, watching one such prosecutor who I’d thought was more reasonable, my jaw actually dropped.) [...]

By: Diane

Diane — Mon, 05 Jan 2009 18:28:58 +0000

It is easy to understand. It is just like a salesman getting commission for a sale. Haven’t you heard them touting the conviction rate of a police department or the conviction rate for a prosecutor. Pressure to perform and get promtoed and it only becomes worse if there are political aspirations. Do you not remember all the glory that “The Sheriff of Wall Street” got and how it put him into the governor’s chair? Seems like the sheriff needed one himself and the job he did was bogus we now come to find out! This is all so common, use whatever you can for self promotion and who cares what or who you run over in the process. Please go to FREEPAULCORTEZ.ORG and see this example and how successful it all was especially when you add the biased press for the perfect formula for conviction!

By: S

Mon, 05 Jan 2009 15:24:14 +0000

Watching that Dateline piece, I wanted to punch that prosecutor (and would have had she offered that in open court). What got me the most was how willing she was to let Mr. Elkins languish in prison for months even after she thought the other guy really might have done it. She had poor Mr. Elkins moved to seg without cluing him or his wife into the why. And then she acted like she was some great hero for letting the innocent man out (eventually).

I will never understand why some prosecutors do seem more concerned with getting the win rather than getting it right.

By: LJS

LJS — Mon, 05 Jan 2009 12:16:59 +0000

Problem is a series of cognitive biases — once you get an idea fixed in your head, even a wrong one — it is really, really hard to get it out.

Check out Rossmo’s Criminal Investigative Failures (2009), new from CRC Press for some horror stories of police getting the wrong idea early on and not being able to change course.

By: Gideon

Gideon — Mon, 05 Jan 2009 04:14:53 +0000

Indeed.

By: aprivatedefender

aprivatedefender — Mon, 05 Jan 2009 04:02:27 +0000

“All of this makes one wonder: why are prosecutors so fiercely protective of their wins?”

Two words – Jim Clark. Isn’t that the same prosecutor who just recently invited a defense witness to punch him during cross examination??