3 ms·
Exactly! This is really the biggest issue that makes the whole misconduct problem so many times worse (judging by numbers in the article, "so many" is at least
by xixi77 11y ago
Exactly!
This is really the biggest issue that makes the whole misconduct problem so many times worse (judging by numbers in the article, "so many" is at least around 97/3 ~= 30x, putting cases like the one in question here within a margin of statistical error -- and that is not even accounting for the fact that, as you noted, misconduct is much easier and for that reason likely to be more common in pleaded cases). And it still stays hidden in plain sight: no court proceedings to generate public interest, no doubt in public opinion, no documentaries, no nothing. And indeed very little risk in case you decide to embellish your case with a little misconduct -- after all, even if plea bargain doesn't work, you can always skip presenting the most questionable evidence at trial.
It is really quite disgusting how much discretion prosecution currently has in terms of charges to bring, and the associated range of penalties.