An Epidemic of Prosecutorial Abuse?

Article here. Excerpt:

'Has prosecutorial abuse reached epidemic proportions in cases involving allegations of sexual assault or domestic violence? A new white paper put out by Stop Abusive and Violent Environments (S.A.V.E.) persuasively argues that we are dangerously close to exactly that state of affairs.
...
First, recall that the role played by district attorneys and their assistants in the judicial system is not the same as that of other attorneys. Because they wield the awesome power of the state, prosecutors are ethically bound to evaluate cases based on probable cause. If there’s not enough evidence to win a conviction, a prosecutor is ethically required to refrain from bringing charges. That’s because, once charged, the power of the state and the likely impecunious state of the defendant make it all too easy for the latter to end up in prison regardless of his guilt or innocence. So the American Bar Association’s very first ethical rule for prosecutors requires them to refrain from charging a person without probable cause.
...
Not so with allegations of sexual assault. In those cases, no corroboration is necessary; the say-so of the woman is enough to send a man to prison for life. So it’s no surprise that one study found that a whopping 15% of convictions in sex cases were proven wrong by post-conviction DNA testing. And, as the SAVE paper accurately shows, that figure actually underestimates the true false conviction rate. That’s because DNA evidence connects the accused to the complainant in cases of consensual as well as nonconsensual sex.'

Like0 Dislike0