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Response to 20score (Original post)

Thu Nov 27, 2014, 07:21 PM

39. I dont think you can punish a prosecutor for misconduct because he got a no true bill

 

The US Constitution does not assure victims of crime due process, only those accused of a crime have that right. Civil rights violations? Sure...but those charges are up to the federal government and have nothing to do with McColloch.

If someone is accused of a crime and the prosecutor decides they don't want to pursue charges, that's not illegal. Our constitution and our laws are designed to punish prosecutors when they perform malicious prosecutions for which they have no evidence for (example: Duke Lacrosse case). The laws are not designed to punish prosecutors for failure to pursue a case. Cases get dropped all the time. This is called "prosecutorial discretion."

Unless there is a conflict of interest concerning McColloch, I'm not sure anything can be done. What recourse do people have when their prosecutor is not doing their job or doing it poorly? You vote them out. They are elected every 4 years in Missouri. Unfortunately you will have to wait a while. The voters of St. Louis County re-elected McColloch to his seventh term 4 days before Michael Brown was shot.

Our system of justice is far more concerned about people being wrongfully convicted than it is about victims not getting justice.

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