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originally posted by: CriticalStinker
a reply to: UKTruth
Exactly - sounds like she is crap at her job and wants to blame everyone else.
You think public servants should be aloud to plead the fifth while in the process of trying to convict a citizen with a crime?
I know you come from a police state where you're always on camera and have to register your butter knifes, but we do things a bit different here. We aren't always right, but we fight to make sure the citizen always has the upper hand.
What due process???
The officers are not being charged with a crime.
Nor do any officers have any right to be an LEO.
That’s a privilege, not a right. Nor do any officers have a right to testify against someone.
So what due process is being compromised?
You cannot possibly believe that every single law enforcement agency and every single LEO is squeaky clean.
originally posted by: RadioRobert
I think my issue is the list itself and the blanket declaration.
It is absolutely up to prosecutorial discretion on whether to take a case to court. My problem is that A) no reasoning seems to be provided publicly or privately
B) the prosecutor is already involved in a contentious relationship with the Department(s)
C) this is a blanket statement of rejection and made public which hurts the rerelationship between thd public and the Department(s) in a way they have no way to address.
It makes sense that there may be officers that would not be credible as essential witnesses in a case and would/may hinder prosecution. If a case hinges on an officer's testimony, it may not be viable. The relative strength of the case should inform the decision. Not a predetermination regarding the involvement of one officer.
So I see two problems, potentially, and each or either may be true.
If an officer is completely incredible and irresponsible, he cannot maintain his job as a LEO. Why/how is that person still employed? Is this an actual departmental issue not being addressed internally? Possible.
Could the prosecutor be unfairly making a determination of the LEO's adequacy based on personal subjective opinion in a way that harms both the department and officer without recourse?
More likely in this instance.
Otherwise, why make a blanket statement of intent without evaluating on a case by case basis?
And why make it public?
The type of abuse that would justify that behaviour would be egregious...
... and should be able to be handled in a different avenue..
Maybe there are additional and specific facts which would inform my opinion, but it seems unlikely that this isn't part of a personal/political feud.
originally posted by: Boadicea
originally posted by: RadioRobert
I think my issue is the list itself and the blanket declaration.
Okay. I'll address your listed points individually. I can see issues as well, but I'll address your points individually.
It is absolutely up to prosecutorial discretion on whether to take a case to court. My problem is that A) no reasoning seems to be provided publicly or privately
I have to disagree that no reasoning was provided. She did explain the issues and problems these officers present in successfully prosecuting cases, such as pleading the fifth to protect themselves while testifying against a defendant. She did not make specific accusations against specific officers, but she did explain her reasoning. I'm not sure she had much choice either. To make specific accusations without charging and providing evidence could open her office to a whole more trouble with their union, and there could be libel/slander issues as well.
Having said that though, I don't like it. I think the public should know all the details and they can judge accordingly. The truth, the whole truth and nothing but the truth. Just as they demand from the rest of us.
B) the prosecutor is already involved in a contentious relationship with the Department(s)
Yes. I would expect a prosecutor who cannot do her job to have a somewhat contentious relationship with the department(s) responsible... especially if/when she knows that they are not doing their jobs. Remember, the prosecutor absolutely and necessarily DEPENDS on the work of these department(s) and officers to do her job. And, by definition, to protect the public and bring justice where appropriate.
C) this is a blanket statement of rejection and made public which hurts the rerelationship between thd public and the Department(s) in a way they have no way to address.
I heartily disagree. She made a statement of refusal, yes, for good cause against public officials who are charged with protecting that public and would seem to be failing miserably (and worse). The relationship between the public and the department(s) is already damaged. She didn't do that. THEY DID.
But just as important, it's exactly the secrecy and hiding and protecting bad behavior on the part of public officials that has so damaged their relationship with the public, and the trust of the public. The public deserves the truth, the whole truth, and nothing but the truth.
It makes sense that there may be officers that would not be credible as essential witnesses in a case and would/may hinder prosecution. If a case hinges on an officer's testimony, it may not be viable. The relative strength of the case should inform the decision. Not a predetermination regarding the involvement of one officer.
That's neither realistic nor practical in the big picture. We're not just talking cops on the street, we're also talking about detectives and other investigators. Virtually every single criminal case that goes before a judge depends on the work of the LE department(s). Every. Single. One. If the officers are not credible, then neither is their evidence. It is all tainted.
So I see two problems, potentially, and each or either may be true.
If an officer is completely incredible and irresponsible, he cannot maintain his job as a LEO. Why/how is that person still employed? Is this an actual departmental issue not being addressed internally? Possible.
Exactly. And that problem lies with the LE agency -- start to finish. They hire them, they SHOULD fire them as soon as the officer becomes a problem. But they're not. Consequently, these dirty cops still make arrests, still press charges, and still muck up the case in the end.
Could the prosecutor be unfairly making a determination of the LEO's adequacy based on personal subjective opinion in a way that harms both the department and officer without recourse?
Hence the need for complete transparency... the truth, the whole truth, and nothing but the truth. It's the secrecy that protects the dirty cops.
More likely in this instance.
Otherwise, why make a blanket statement of intent without evaluating on a case by case basis?
Do you think she drew these names out of a hat? Of course she evaluated each officer according to their individual performance! We just don't know all the whys and wherefores. But she does.
And why make it public?
See above.... Truth, whole truth, nothing but truth.
The type of abuse that would justify that behaviour would be egregious...
Of course.
... and should be able to be handled in a different avenue..
Okay. I'm listening. What? How?
Maybe there are additional and specific facts which would inform my opinion, but it seems unlikely that this isn't part of a personal/political feud.
Maybe? I would suggest that given your admitted ignorance to all the facts and figures, that you have absolutely no justification for presuming the worst of the prosecutor and the best of the LEOs.I would also suggest that in these circumstances, there damn well should be some feuding!
A single person or their office making a subjective opinion that prevents you from following your career is compromising the rights of those individuals. That's what I'd expect a union to do.
If you were a bus driver and someone at the school district or transportation department had nothing sufficient to fire you or go through the process of removing you, but had the power to strip you of your license for subjective reasons would be compromising your career without giving you the ability for redress.
It seems to me as a prosecutor she has both the sway and the ability to pursue formal avenues to address officers who need disciplinary or legal action.
Maybe the union is completely out of whack, and the Department is being irresponsible. That could happen. But I haven't seen any evidence that she pursued prosecutions for the officers involved or referred them for internal discipline as opposed to getting her name in the paper.
originally posted by: OccamsRazor04
a reply to: SKEPTEK
Why would an officer plead the 5th on the stand in an arrest they made.
originally posted by: Zanti Misfit
a reply to: Boadicea
This is Blatant Discrimination.
recognition and understanding of the difference between one thing and another.
St. Louis Circuit Attorney Kim Gardner Needs to Resign ASAP for Violating the Law .
You know, that 242 year old judicial system that guarantees all citizens the opportunity to have their case heard whether they are claimant or defendant, and whether their case is civil, or criminal. A guarantee to every citizen that their case will be put though the same justice system no matter their race, wealth, or social status is not a guarantee of verdict. Therefor, it is a constitutional right which is defined by the 4th, 11th, & 14th amendments.
Every American citizen who lacks a folonious criminal past has the right to apply for a career in law enforcement.
So... take a deep breath, because I’m fairly certain you won’t absorb what I’m about to convey to you.
originally posted by: Deetermined
originally posted by: OccamsRazor04
a reply to: SKEPTEK
Why would an officer plead the 5th on the stand in an arrest they made.
How many times have we seen or heard officers claim that they are being punished for doing their jobs the way they were trained to do it? Plenty. This is why the DOJ has had to get involved in many cases to assist police departments in analyzing their policies and training procedures to avoid these kinds of things from happening again.