16-05-2014, 06:30 PM
Richard Coleman Wrote:Let's not leave judges out of the equation. Hypothetical case:
Ed Jones is discovered by police on property clearly posted, "No Trespassing! All violators will be prosecuted. NO EXCEPTIONS!"
Ed has no "business" being there. He is not connected with the owners of the property or anything that takes place there. He has no permission to be there. He is arrested and charged with criminal trespass.
At trial there is no testimony about WHY Ed was on the property. The judge (or "judge") instructs the jury that the ONLY issue for them to decide is whether Ed violated the Trespass law by being on the property with no authorization from the owners. With no other information, the jury convicts Ed. (Wouldn't you?) Ed is now a convicted felon.
Item: What the "judge" refused to allow as irrelevant - there was a FIRE taking place and people were trapped inside. Ed saw the flames and heard the cries for help from the street and rushed in to help. Someone tossed him an infant from a window. He caught the baby and was running to get help with the baby in his arms when the police arrived and arrested him.
Item: The prosecutor knows this. Moves to exclude. The "judge" agrees. Goodbye, Ed.
Impossible? Imagine this: the "judge" is a teaparty bigot appointed by Dubya. Ed is BLACK.
This takes place in TEXAS!
Bottom line: Judges could probably put a major stop to prosecution misconduct, not to mention police frameups, IF THEY CHOSE TO. As part of the system, and corrupted themselves, they don't.
Example: How many judges who presided on coal mine cases were themselves investors in the coal companies in the cases before them?
Too bad Ed's lawyer was asleep during the trial, as the scenario you posit is clearly consistent with the Texas legal defense of "necessity," which excuses certain kinds of criminal conduct. Too bad Ed's lawyer also slept through the appeal deadline? Too bad criminal trespass is a misdemeanor not a felony, though if Ed was inside the burning building saving baby's life that could be charged as a felony. (If this is a real case, please provide me with more information.)
I agree generally that judges could be more active when they spot prosecutorial misconduct, and that it would be a positive thing.