Tuesday, July 31, 2007

Angela Davis' Arbitrary Justice

Her recent Time magazine profile talks about some of the underhanded but legal tactics prosecutors use:

When prosecutors pick which criminal charges to file, they need have only probable cause, or reasonable belief that the suspect committed the crimes charged. This low standard creates room to pile on the most severe charges possible to bully a defendant into a plea bargain. If a case ends up going before a jury, the prosecutor would have to prove his case beyond a reasonable doubt. So why give him the chance, Davis argues, to "intimidate, harass or coerce a guilty plea" with charges he knows he cannot prove at trial? Davis would bump the probable-cause standard to something requiring more certainty.

Her new book can be purchased here.


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