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Hey folks - as a member of the DawgNation community, please remember to abide by simple rules of civil engagement with other members:

- Please no inappropriate usernames (remember that there may be youngsters in the room)

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Adam Anderson

24

Comments

  • donniemdonniem ✭✭✭✭✭ Graduate

    better 10 guilty creeps go free than one innocent saint be found guilty. I see how it is set up.

  • CigarDawgCigarDawg ✭✭✭✭✭ Graduate
    edited July 2023

    Thank you and our other legal pros here for your first person insights, it really helps someone like me understand the reality behind the curtain, though it's a bit disheartening at times to hear about the backroom stuff.

    My perspective on the various explanations here is that it seems the purpose of these deals is to make sure some punishment is meted out in cases where the original charges, ostensibly believed to be true when they were applied, are not air tight and the prosecutor does not want to take an "L" on an all-or-nothing situation. This might be cynical, but I don't understand why DA's would press charges and then not be willing to stand behind their prosecutors' support for them in court. As much as we all want the victims to receive some justice, or at least some sense of of it, isn't it better to let the case play out and and risk having the defendant either walk or go all the way down on the original charges based on the strength of the evidence and the deliberations of the jury? This seems more like a contract negotiation in which both sides use the other's fear of losing out than it does the application of law and due process. I guess the end result is an outcome that "S-u-c-k-s Less" for both sides than it could have for either side.

  • YaleDawgYaleDawg ✭✭✭✭✭ Graduate

    There are also logistical concerns. It’s impossible for all cases to go to trial

  • HemingweyHemingwey ✭✭✭✭✭ Graduate

    Sigh.

    Your summary of the law is over-simplified and not correct. As an attorney, I get bothered by mis-statements of the law, so I looked it up. 😉

    Admissibilty of similar conduct evidence is a complex matter governed mostly by Rule of Evidence 404. While you can’t use evidence of other bad behavior or similar conduct solely to prove bad character (unless character is in issue), there are numerous exceptions to the general rule.

    Here is the Georgia evidence code exceptions sub section:

    ”Evidence of other crimes, wrongs, or acts shall not be admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, including, but not limited to, proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. The prosecution in a criminal proceeding shall provide reasonable notice to the defense in advance of trial, unless pretrial notice is excused by the court upon good cause shown, of the general nature of any such evidence it intends to introduce at trial. Notice shall not be required when the evidence of prior crimes, wrongs, or acts is offered to prove the circumstances immediately surrounding the charged crime, motive, or prior difficulties between the accused and the alleged victim.”

    See, generally, O.C.G.A. Section 24-4-404.

    Here is a link to the statute and a small sampling of case law:

    https://law.justia.com/codes/georgia/2020/title-24/chapter-4/section-24-4-404/

  • YaleDawgYaleDawg ✭✭✭✭✭ Graduate
    edited July 2023

    Why would I bring up those exceptions when they clearly don’t apply to what you said? You can’t use prior convictions as character evidence that they committed a different crime.

  • christopheruleschristopherules ✭✭✭✭✭ Graduate
    edited July 2023

    @Hemingwey you sir, strike me one the most mild mannered, and pleasant DAWGS (attorneys) along with @Bdw3184 it has been my privilege to get to know you both (virtually) right here in our DawgNation forum.... and yet EVEN YOU SIR have that EXTRA FIERY side!!!! AWESOME!!!!!

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