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Re: You have no Constitutional right not to be framed
The problem is that it is a prosecutor's job to frame SOMEBODY for every crime. That is how our justice system works.
Sometimes they frame the correct person, and justice is done. Sometimes they don't, and a miscarriage of justice occurs. It is the jury's job to figure out if the frame is correct or not.
Remember, a defense attorney's job is to show that the frame DOESN'T fit their client. And they face their own ethical quandaries as well: http://federalism.typepad.com/crime_..._and_the_.html Miscarriages of justice work the other way as well!
If defendants who are wrongly convicted are allowed to sue prosecutors, does this mean victims who watch perpetrators go free via miscarriages of justice will now be allowed to sue defense attorneys?
The system of justice is supposed to work regardless of the INTENT of either the prosecutor or the defense attorney, as INTENT can be extremely hard to prove-- as that puts you into the realm of "thought crime". (as an aside, the entire edifice of Federal RICO law, and other "conspiracy to commit" law, is essentially a codification of "thought crime", but many people fail to understand just what a grotesquery that is).
Originally posted by mooncliff
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Sometimes they frame the correct person, and justice is done. Sometimes they don't, and a miscarriage of justice occurs. It is the jury's job to figure out if the frame is correct or not.
Remember, a defense attorney's job is to show that the frame DOESN'T fit their client. And they face their own ethical quandaries as well: http://federalism.typepad.com/crime_..._and_the_.html Miscarriages of justice work the other way as well!
If defendants who are wrongly convicted are allowed to sue prosecutors, does this mean victims who watch perpetrators go free via miscarriages of justice will now be allowed to sue defense attorneys?
The system of justice is supposed to work regardless of the INTENT of either the prosecutor or the defense attorney, as INTENT can be extremely hard to prove-- as that puts you into the realm of "thought crime". (as an aside, the entire edifice of Federal RICO law, and other "conspiracy to commit" law, is essentially a codification of "thought crime", but many people fail to understand just what a grotesquery that is).
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