Does evidence of the crime compel prosecution?

Stephanie

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Wed Apr-22-09 11:15 PM
Original message

Does evidence of the crime compel prosecution?

If a cop witnesses a murder, isn't he compelled to make an arrest? He can't just walk away, can he? Under what circumstances would the Justice Dept, or the FBI, be compelled to prosecute Bush/Cheney? We're all witnesses to the crime now. What triggers prosecution of the criminals? I've always thought Obama would let the truth come out and then the wheels of justice would be inevitably set in motion. Am I wrong? Is there a point at which there's no turning back? Where even if they'd prefer not to, they have no choice but to prosecute? Thanks in advance!

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Occam Bandage

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Wed Apr-22-09 11:21 PM
Response to Original message

1. No. It does not.

There is absolutely no justification for the claim that reasonable suspicion of a crime mandates a prosecution of that crime. There are quite literally thousands and thousands of cases per year in which good, responsible attorneys decide to not go through with a prosecution because they do not believe they would be able to attain a conviction, despite their belief that the defendant is guilty of the crime.

The Justice Department has discretion over when it launches investigations and when it launches prosecutions. Its mandate is to enforce the law, but it is given full discretion over how that might best be accomplished.

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Stephanie

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Wed Apr-22-09 11:23 PM
Response to Reply #1

4. Dang

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csziggy

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Wed Apr-22-09 11:21 PM
Response to Original message

2. If a mob with pitchforks and torches is clamoring for prosecution

It tends to happen.

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Occam Bandage

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Wed Apr-22-09 11:22 PM
Response to Reply #2

3. Mob rule isn't really compatable with rule of law. nt

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EFerrari

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Wed Apr-22-09 11:32 PM
Response to Original message

5. Evidence of torture does according to the Geneva torture convention, iirc. n/t

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marlakay

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Wed Apr-22-09 11:36 PM
Response to Original message

6. Well if we are witnesses we ought to be able to do

a citizens arrest on them. Boy, would I like to see that...thousands of americans walking up to Bush's & Cheney's homes saying we are arresting you, you have the right to remain silent and the right to an attorney.

You are being charged with murder, attempted murder, perjury, fraud, misuse of public funds, etc.

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LakeSamish706

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Wed Apr-22-09 11:44 PM
Response to Reply #6

7. Reading them Miranda Rights would be more than they have done for any of ...

their defendants and probably more than they deserve considering their crimes.

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Tangerine LaBamba

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Thu Apr-23-09 12:28 AM
Response to Original message

8. In this case, yes, it does -

we are under a very real legal obligation to go forth with this prosecution. Here's a very succinct and accurate article explaining the situation:

http://news.bbc.co.uk/2/hi/americas/8006597.stm

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