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"Prosecutorial Discretion" or "Selective Prosecution" is how corruption becomes rampant. In other words, "laws for you fools, but not for us", say FBI and DOJ.

"Prosecutorial Discretion" or "Selective Prosecution" is how corruption becomes rampant. In other words, "laws for you fools, but not for us", say FBI and DOJ. That's why the first thing they can get you convicted for "lying to federal officials".

qingcharles 3y ago
Exactly. I went to jail for a crime I wasn't guilty of simply because some rogue police decided to commit a raft of felonies to try and gather evidence against me. When I put that to the judge he told me that "the police are allowed to commit crimes to gather evidence." I tried going to the prosecutor with it and they will just laugh you out of the building. It's not a crime if you can't get the prosecutor to prosecute it. And the prosecutor's office almost never brings criminal cases to court on their own, they rely on the police for 99% of their work. If they went around prosecuting the police they wouldn't get any more cases and they would put themselves out of business.
- StrangeATractor 3y ago
  Probably should have lawyered up. Illegally gathered evidence is supposed to be inadmissible in court. At least in the US. People get off on murder charges because of this, like that lady that killed her infant but the cop searched her trunk without a warrant or probable cause. She obviously killed it, but the only evidence was inadmissible, so she walked.
  - qingcharles 3y ago
    That's not technically true. Evidence gathered in violation of a constitutional law is often inadmissible. But if you look at situations in which police gathered evidence in violation of a statute (e.g. committed a felony that wasn't additionally a constitutional violation), then I could count on one hand the number of times evidence has been excluded in courts across the USA in the last 100 years. source: I play a lawyer on TV. (not really)
    - StrangeATractor 3y ago
      Ugh, another reason to not trust the legal system. Sorry for your troubles.
- psychlops 3y ago
  > If they went around prosecuting the police they wouldn't get any more cases and they would put themselves out of business. The prosecutor works for the government. No business involved. They will be just fine if there are no cases.
  - lazide 3y ago
    Not really - budget is allocated (and taxes often created/raised) based on degree of public outcry/crisis. No crime, no need to pay for a prosecutors office (or a lot of cops). A variant of ‘use it or lose it’, which is the standard in gov’t and large Corp budgeting.
- Natsu 3y ago
  A lot of things that people think are entrapment don't count legally: https://lawcomic.net/guide/?p=633 https://lawcomic.net/guide/?p=633 Another fun one is that if you join their conspiracy, they can charge you for crimes they committed as part of that conspiracy.
  - aftbit 3y ago
    Hmm I have now been scrolling this comic for an hour. Thanks! Here's a single page post format copy: https://thecriminallawyer.tumblr.com/post/19810672629/12-i-was-entrapped https://thecriminallawyer.tumblr.com/post/19810672629/12-i-w...
- 1lint 3y ago
  Sorry to hear how this played out. If you have the time and are okay discussing it, consider publishing a write up of the incident. Shining a light on abuse/raise awareness of problems is the first step to getting them fixed.

qingcharles 3y ago

Exactly. I went to jail for a crime I wasn't guilty of simply because some rogue police decided to commit a raft of felonies to try and gather evidence against me. When I put that to the judge he told me that "the police are allowed to commit crimes to gather evidence." I tried going to the prosecutor with it and they will just laugh you out of the building. It's not a crime if you can't get the prosecutor to prosecute it. And the prosecutor's office almost never brings criminal cases to court on their own, they rely on the police for 99% of their work. If they went around prosecuting the police they wouldn't get any more cases and they would put themselves out of business.

StrangeATractor 3y ago
Probably should have lawyered up. Illegally gathered evidence is supposed to be inadmissible in court. At least in the US. People get off on murder charges because of this, like that lady that killed her infant but the cop searched her trunk without a warrant or probable cause. She obviously killed it, but the only evidence was inadmissible, so she walked.
- qingcharles 3y ago
  That's not technically true. Evidence gathered in violation of a constitutional law is often inadmissible. But if you look at situations in which police gathered evidence in violation of a statute (e.g. committed a felony that wasn't additionally a constitutional violation), then I could count on one hand the number of times evidence has been excluded in courts across the USA in the last 100 years. source: I play a lawyer on TV. (not really)
  - StrangeATractor 3y ago
    Ugh, another reason to not trust the legal system. Sorry for your troubles.
psychlops 3y ago
> If they went around prosecuting the police they wouldn't get any more cases and they would put themselves out of business. The prosecutor works for the government. No business involved. They will be just fine if there are no cases.
- lazide 3y ago
  Not really - budget is allocated (and taxes often created/raised) based on degree of public outcry/crisis. No crime, no need to pay for a prosecutors office (or a lot of cops). A variant of ‘use it or lose it’, which is the standard in gov’t and large Corp budgeting.
Natsu 3y ago
A lot of things that people think are entrapment don't count legally: https://lawcomic.net/guide/?p=633 https://lawcomic.net/guide/?p=633 Another fun one is that if you join their conspiracy, they can charge you for crimes they committed as part of that conspiracy.
- aftbit 3y ago
  Hmm I have now been scrolling this comic for an hour. Thanks! Here's a single page post format copy: https://thecriminallawyer.tumblr.com/post/19810672629/12-i-was-entrapped https://thecriminallawyer.tumblr.com/post/19810672629/12-i-w...
1lint 3y ago
Sorry to hear how this played out. If you have the time and are okay discussing it, consider publishing a write up of the incident. Shining a light on abuse/raise awareness of problems is the first step to getting them fixed.