Quote:
Originally Posted by MTI
...I would likely support it where the penalty is warranted.
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So does your support depend on what the definition of is, is?
"Likely" and "warranted."
Well, is it likely that you will support the DP?
Is it possibly that you will supoort the DP?
Or is it probably that you will supoort the DP?
And when do you think it would be warranted? For a mass murderer? For a rapist? For someone who rapes and kill a young person? What about killing an old person who would have died anyway in a few years? No DP for the killer?
The one reason most people don't like or trust lawyers is because of answers like "depends" or "depends what is is."
I will answer your question straight out, no BS and no qualifiers.
Zero margin of error. That is the acceptable margin of error for me.
And that is why I love my job so much. As a prosecutor IF I am not convinced of the evidence, I don't have to prosecute the accused. In fact, as a prosecutor I also represent the accused because my ethical obligations as a prosecutor mandate me to "do right." So if I uncover exculpatory evidence I have an obligation (the "Brady" rule) to turn it over to the defense or risk personal liability and/or disbarment. Attorneys on the other side of the aisle do not have to turn in inculpatory evidence. In fact, their ethical obligations are the opposite of mine and IF they turned inculpatory evidence to me, they could get disbarred as well.
Although I cannot personally vouch for my case during closing argument (that would be improper argument) I can tell you that I have never prosecuted a single person that I was not personally convinced was guilty of the crime charged. I have refused to file cases where the evidence did not add up. And I have dismissed cases after subsequently discovered evidence has convinced me of the accused's innocence.
I have not tried a capital case. From a purely "intellectual" view, a rape or child molestation case is far more difficult to prove than a murder case; I like the challenge of the tougher cases.
But I trust the system enough, I trust my evidence enough and I trust myself enough that if I tried a DP case, it would only be of when the defendant richly deserves it.
BTW, and not to change the subject, does Hawaii have reciprocity with Arizona. I've thought about getting licensed in another state(s) so that when I retire from this gig I can do a little legal/consulting work somewhere other than California. I just don't feel like taking another Bar exam though.
I don't have a problem with someone who is opposed to the DP on moral, religious or intellectual grounds. I just happen to have greater faith and trust in the system than you do.