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To: JLS

You may be right, but I have tried to be fair -- even when we went through the same thing. I sort'uv believe that as long as the Accuser wants to testify, they have to go forward. Even if the D.A. has his/her doubts, it's the system we have. Once perjury is committed, there is something to go after. The important thing is to let the system do it's work, but it's such a crap shoot -- with juries (esp. in Durham) -- it's hard to get through to the end and there are no guarantees that you'll win. It's all how a jury sees it and if you have folks who would knowingly imprison someone just to get even, then there's no way our system can work.


1,214 posted on 12/15/2006 3:18:56 PM PST by Constitutions Grandchild
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To: Constitutions Grandchild

Charges are dropped all the time whether or not a victim wants to go forward. The victim is not a party to the criminal action. It is the people v. John Doe. Nifong is the people for this purpose.

The only reason he is continuing this is he fears, bar sanctions, personal liability and possible criminal liability. The NC bar has already said they won't have a hearing until the case is over. A law suit if filed today could not go forward until the case were over. Thus prolonging this stops everything execpt the Department of Justice investigation.


1,216 posted on 12/15/2006 3:25:19 PM PST by JLS
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To: Constitutions Grandchild

NC presents a unique set of circumstances and laws that are much more conducive to the miscarriage taking place in this case than other states's laws and procedures are.


1,312 posted on 12/16/2006 2:42:58 AM PST by Jezebelle (Our tax dollars are paying the ACLU to sue the Christ out of us.)
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To: Constitutions Grandchild

No, a prosecutor does not have to go forward because an accuser wants to. A prosecutor has a duty to drop a case if his evidence is insufficient even if he believes the suspect is guilty, and he has a duty to further the investigation before charging the case if he believes the suspect is innocent. The decision isn't up to the accuser at all. These are criminal cases, not civil suits.


1,313 posted on 12/16/2006 2:47:41 AM PST by Jezebelle (Our tax dollars are paying the ACLU to sue the Christ out of us.)
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