Quote:
Originally Posted by Atticus Grinch
Yes, I’m saying that if a prosecutor does not believe he/she can get a properly-constituted jury to return a verdict of “guilty” as to a charge on admissible evidence, he/she is ethically bound not to bring that charge, even if he/she is personally convinced of the person’s guilt. So, for example, if the prosecutor has read a sworn confession but it’s inadmissible, and the remaining evidence is insufficient to support a conviction, then the prosecutor commits an ethical breach in bringing it.
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I like how you changed the hypo to soften your point, but I think what you're saying is absolutely insane. There has to be some kind of thought to the balance between what the evidence shows and what you may know the jury will do.
Based on what you just said, prosecutors should ignore murder when they have a cut and dried case if the victim is one that the community refuses to value. You have a strange sense of justice.
If you live in Alabama and you can't get your white jury to convict a white man of murdering a black man, bring the case and at least force the fact finders and our system to violate the Constitution and carry out the injustice. Jesus fucking Christ.
TM
