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To: ImJustAnotherOkie
-- That's probably why only one or two are griping. --

The claims of the defendants are based on paucity of evidence and insufficiency of the charge, on its face, to support the crime they are alleged to have violated. More than one or two have the claim, because the state didn't follow due process when it composed the charging papers.

Due process includes an obligation to the state, to make specific allegations, not vague ones.

2. It [the complaint] must show that the accused has committed some offense against the laws of the State, either directly or that the affiant has good reason to believe, and does believe, that the accused has committed such offense.

Texas Criminal Code 15.05

A complaint's purpose is to inform an accused of the facts surrounding the offense charged so he may prepare a defense. See Chapa v. State, 420 S.W.2d 943, 944 (Tex. Crim. App. 1967); Kindley v. State, 879 S.W.2d 261, 263 (Tex. App.--Houston [14th Dist.] 1994, no pet.); Rose, 799 S.W.2d at 384.

Why might a citizen complaint be refused?
Because an accepted complaint results in a criminal accusation, and in any criminal prosecution the State has the burden to prove each element of an offense beyond a reasonable doubt, the prosecutor must determine if there is sufficient evidence to prosecute the crime. That means there must be evidence to support each element of the alleged offense. If any element is lacking sufficient support, no prosecution will be undertaken.

Garland Texas - Citizen Complaints

Incarceration of innocent people is a big deal.
56 posted on 07/03/2015 12:21:39 PM PDT by Cboldt
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To: Cboldt
Not to our fifth columnists on here. Particularly when: 1. They are not the ones incarcerated. 2. It is a hated and thoroughly demonized minority, to wit: motorcycle club members.

Substitute legitimate gun owner, Christian, Tea Party member, Conservative, Jew, for Motorcycle club member and they would still cheer on, aid and abet, and help the police shove individuals like you and me in the cattle cars when the order comes down to do so.

In Germany in the '30s and early 40s and in Eastern Europe in the early 40s those of their ilk assisted the German police in rounding up and executing the undesirables each time the opportunity arose.

57 posted on 07/03/2015 12:33:58 PM PDT by sport
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