Prosecutorial Discretion

[LawGirl10]

What is the name of your state? N/A

Just a general question for the attorneys on the board. What do you think of a Prosecutor that feels the need to "consult his priest" before making the decision about whether to seek the death penalty? I haven't read the news article yet, but I was told it involved a young girl that was abducted and later found murdered. The Prosecutor was quoted as saying that he needed to consult with his priest (the Prosecutor's priest) before making the decision about the death penatly. I understand that the Prosecutor has a large amount of discretion in what he does, but what do you think of this?

 

[JETX]

Just a general question for the attorneys on the board. What do you think of a Prosecutor that feels the need to "consult his priest" before making the decision about whether to seek the death penalty? I haven't read the news article yet, but I was told it involved a young girl that was abducted and later found murdered. The Prosecutor was quoted as saying that he needed to consult with his priest (the Prosecutor's priest) before making the decision about the death penatly. I understand that the Prosecutor has a large amount of discretion in what he does, but what do you think of this?

I would take it as a 'puff' statement and would have to think that it is either taken out of context or made for the 'political' value.
In any case, I have no real problem with the statement, as the decision to take someone else's life (or to even ask that be considered) is not something that should be taken lightly.

 

[LawGirl10]

Yes, but then doesn't that bring up an ethical issue under the Model Rules?

 

[You Are Guilty]

The really weird part is that the prosecutor is Jewish.

 

[BelizeBreeze]

What is the name of your state? N/A

Just a general question for the attorneys on the board. What do you think of a Prosecutor that feels the need to "consult his priest" before making the decision about whether to seek the death penalty? I haven't read the news article yet, but I was told it involved a young girl that was abducted and later found murdered. The Prosecutor was quoted as saying that he needed to consult with his priest (the Prosecutor's priest) before making the decision about the death penatly. I understand that the Prosecutor has a large amount of discretion in what he does, but what do you think of this?

Would you feel better if the prosecutor consulted his numerologist, his wife, her husband or tossed a coin?

There is absolutely nothing wrong with a prosecutor seeking guidance or spiritual resolve in such an issue. This is a prosecutor who is aware of both his/her civil and spiritual duty and is attempting to balance the needs of both in reaching a conclusion that he, the courts and society can live with.

But, in the end, the ONLY person who will live with the decision to seek the death penalty daily, is the prosecutor.

 

[LawGirl10]

I haven't made a value judgment about it one way or another. I wasn't looking for a crappy response. I was wondering what the opinions were and if conflict of interest may apply under the Model Rules.

 

[BelizeBreeze]

I haven't made a value judgment about it one way or another. I wasn't looking for a crappy response. I was wondering what the opinions were and if conflict of interest may apply under the Model Rules.

And who in the hell said you have made a value judgement. Lady, you better learn to read if you're hoping to make a living in law? Or point me to any place I said anything about you making a value judgement?

you're not worth the frikkin' effort

 

[LawGirl10]

Hmmm...you might want to learn how to read. I never stated that you said anything about me making a value judgment. I put that in there to clarify that I had not made a value judgment and was just looking for opinions. Your response was crappy, whether you want to admit it or not. I was looking for unemotional legal analysis, not whatever chip on your shoulder you currently have today. Grow up.

 

[LawGirl10]

And part of the follow up question, since you can't see past your emotion, was whether this is heading toward an ethical issue under the Model Rules, namely, conflict of interest.

 

[BelizeBreeze]

And part of the follow up question, since you can't see past your emotion, was whether this is heading toward an ethicl issue under the Model Rules, namely, conflict of interest.

And why would you even ask? If you can't state a position from which YOU want to begin a discussion then all you seem to be doing is trying to get others to do your thinking for you.

 

[LawGirl10]

I was asking for general opinions (read the original post). I'm not sure why this is so hard for you to understand. Asking for an OPINION does not mean I need to take a position one way or another. If I wanted to state a position and ask for arguments for both sides, I would have stated that.

 

[JETX]

Sorry, but we are not going to do your homework for you. I suggest you present your argument to your study group on your own.... as they have an interest in your opinion. We don't.

 

[LawGirl10]

I wasn't doing homework. Where in the heck did you get that idea? I heard about it today and wondered what people's OPINIONS were. I wasn't looking for a legal analysis to an actual problem that had anything to do with me. I was interested in hearing from practicing attorneys about the topic in general. If I were going to do homework, I sure as heck wouldn't do it here.

If anyone is actually interested in giving an OPINION on the issue instead of acting like a jerk, I would be interested to hear them.

 

[BelizeBreeze]

Oh, I have an opinion. My opinion is that your post has absolutely nothing to do with Prosecutorial Discretion.

 

[LawGirl10]

Spit it out.