Saturday, January 26, 2019

Where I come from, we call that attempted murder

The reasons for being concerned about prosecutorial overreach are legion. It is one of the strongest positions of authority with the least number of effective checks-and-balances. The examples of the nefariousness and damage of such overreach are also plentiful ranging from Mike Nifong in the Duke Rape Hoax case, pursuing specious charges simply for electoral advantage, to Ken Anderson. The misconduct was notable but even more notable because it was so unusual was that the prosecutors were actually held to account.

We have so many other challenges to solve that it is easy to overlook this one. As a general rule, the system works reasonably well but it is also the part of the system with that is most easily subverted. As outlined in It’s Time to Confront the Problem of Prosecutorial Misconduct by D.A. Kirk.

Making the stark case from a single example:
The Williams case is precisely the kind that ought to keep you up at night. Caddo Parish prosecutors sought to end the life of a disabled teenager whom they knew was probably innocent of the charges against him, as evidenced by the interview tapes they hid from defense attorneys. Where I come from, we call that attempted murder.

Unfortunately, as per the conditions of his plea deal, Corey Williams will never be able to seek financial compensation, and none of the people responsible for his conviction will face any legal consequences for their actions. That he had a terrible plea deal thrust upon him by prosecutors who knew he wouldn’t be able to turn it down just makes the matter all the more infuriating.

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