Prosecutorial Discretion

[seniorjudge]

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?

I am a former prosecutor.

First, I would like you to cite and quote the model rule you are talking about.

Second, I will tell you that any prosecutor who makes a decision on whether to seek the death penalty in the isolation of his office is doing a very poor job.

 

[LawGirl10]

Thank you for a normal reply.

In general, conflict of interest. Specifically, the ABA Standards for Criminal Justice, Standard 3-1.3(f): A prosecutor should not permit his or her professional judgment or obligations to be affected by his or her own political, financial, business, property or personal interests.

I can see it from both sides. I was just wondering what practicing attorneys thought, in particular, Prosecutors who might have to confront the issue and Defense Attorneys who would be representing a client where this situation might happen.

 

[JETX]

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.

Oh, then this is a simple matter of your not understanding the purpose and use of this forum.
See, this is a LEGAL ADVICE forum. And the purpose is to allow people to ask questions of a legal nature and get (hopefully) accurate advice.

This is NOT an 'opinion' forum. It is NOT a 'discussion' forum. Nor is it a 'feel good, give a hug' forum.

If you want a legal discussion as to the merits of your issue.... take it to somewhere else. If you need advice, ask.

 

[LawGirl10]

Are you a moderator? If so and you want to kick me off the forum, then do so. If not, don't even try that crap with me. I've seen your other posts. Follow your own advice.

 

[BelizeBreeze]

Are you a moderator? If so and you want to kick me off the forum, then do so. If not, don't even try that crap with me. I've seen your other posts. Follow your own advice.

EXCUSE ME!!!! Can you following directions? What has any of this crap to do with Prosecutorial Discretion?

Or do you even know what the hell you're talking about?

 

[LawGirl10]

Same reply.