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  1. #11
    Join Date
    Jun 2017
    Location
    California
    Posts
    444

    Default Re: Is It Prejudicial, Impassioning and Inflammatory for a Prosecutor

    Public defenders are lawyers and take the same oath as every other attorney. In fact, they take it twice--once when sworn into the bar and once when sworn in as a PD. As to resources, virtually all PD offices are understaff and under funded but they do what they can. In many states, the court will have to fund some things like investigators and experts. With that said, however, for serious felonies, most people can't afford to pay an attorney to defend that type of case and will have a public defender or a contracted defense attorney represent them. There's nothing wrong with defense counsel identifying themselves as a public defender or the prosecutor referring to them as that. If they are private counsel, they can certainly correct the misstatement if they want to.

  2. #12

    Default Re: Is It Prejudicial, Impassioning and Inflammatory for a Prosecutor

    So you say there is nothing wrong with it, yet, in a criminal trial, jury or not, all words matter.

    What is right about it and justify such detailed information being relevant or necessary?

    It can only prejudice and if you don't believe that, you don't understand human nature and are unwilling to accept a jury being predominately ultra-right conservative.

    There is zero need to dignify the comments about the PD's being the same when it is clearly established across the country that our nation has a long way to go to meet the holding in Gideon.

  3. #13
    Join Date
    Nov 2015
    Location
    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,617

    Default Re: Is It Prejudicial, Impassioning and Inflammatory for a Prosecutor

    And the point is.........?

    Really, where is this going?
    "Where do those stairs go?"
    "They go up!"

  4. #14
    Join Date
    Oct 2014
    Posts
    7,960

    Default Re: Is It Prejudicial, Impassioning and Inflammatory for a Prosecutor

    Quote Quoting JustANobody
    View Post
    What is right about it and justify such detailed information being relevant or necessary?
    Whether it is relevant is quite different from whether it is prejudicial to the defendant. Saying to the jury that it's raining outside isn't relevant, either, and wouldn't prejudice the jury for or against the defendant.

    Quote Quoting JustANobody
    View Post
    It can only prejudice and if you don't believe that, you don't understand human nature and are unwilling to accept a jury being predominately ultra-right conservative.
    You have yet to provide any logical explanation of why this particular fact would prejudice any jury, ultra conservative or otherwise, let alone provide any studies or other proof of that bias. Surely you don’t expect me to buy it just because YOU believe it to be true, do you? At least provide a compelling explanation for why this would prejudice a jury against a defendant, other than your own evident bias of what a conservative jury might think. And as you specified all of the U.S. for this, you do understand that most of the country is not “ultra right conservative” right? The Pew Research Center reported in 2016 that “Overall, 48% of all registered voters identify as Democrats or lean Democratic compared with 44% who identify as Republican or lean toward the GOP.” Few Democrats are going to identify as conservative at all, let along ultra or far right conservative. And even among Republicans a large number of them are not ultra or far right.

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