Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Poohbah
Perhaps you should have a working knowledge of the law before pontificating on it. If the prosecutor has a good faith belief that the charges are merited, it's not prosecutorial misconduct. We are not talking about randomly picking people to prosecute here but those who the government reasonably believes are hiring illegals.

And if you think that multiple charges against a defendant equals a harassment suit, there would never be trials of organized crime figures as they have been known to beat the charges,. Yet they don;t go running around filing what you claim would be lucrative lawsuits. I wonder why that is?

And finally, this is all assuming that you're right that juries were just rarin to nullify on illegal immigration cases. You rely first on supposed twenty year old cases that you cannot cite. Now, you point to polls that have not been taken.
681 posted on 11/11/2004 8:43:49 AM PST by radicalamericannationalist (The Senate is our new goal: 60 in '06.)
[ Post Reply | Private Reply | To 676 | View Replies ]


To: radicalamericannationalist
If the prosecutor has a good faith belief that the charges are merited, it's not prosecutorial misconduct.

Failure to convict the same person several times in a row on essentially the same charges is considered prima facie evidence of government misconduct, especially when the charges must be brought about by undercover sting operations.

We are not talking about randomly picking people to prosecute here but those who the government reasonably believes are hiring illegals.

The only way they're going to find a significant number--i.e., enough to deter others--is to engage in undercover stings. And at that point, you have the government soliciting criminal activity. That's what Reno's effort--the one you wish to duplicate--did.

And if you think that multiple charges against a defendant equals a harassment suit, there would never be trials of organized crime figures as they have been known to beat the charges.

Key difference: the government did not actively solicit the targets of these investigations to commit crimes. To generate criminal charges against enough employers to act as an effective deterrent, you're going to have to manufacture the cases in the same fashion that many drug cases are manufactured today.

The intersection of failed prosecutions and said prosecutions being based on undercover sting operations is very much frowned upon by the judiciary.

And finally, this is all assuming that you're right that juries were just rarin to nullify on illegal immigration cases. You rely first on supposed twenty year old cases that you cannot cite. Now, you point to polls that have not been taken.

Not every opinion poll is publicized for your edification, sir. Indeed, most are not disseminated to the public.

686 posted on 11/11/2004 8:57:58 AM PST by Poohbah (Crush your enemies, see them driven before you, and hear the lamentations of their women!)
[ Post Reply | Private Reply | To 681 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson