Reduce Prosecutorial Abuse

Prosecutorial abuse is the result of a disproportionate political emphasis upon law and order against individuals for their misdeeds and a corresponding lack of emphasis upon enforcement of the rights of individuals, including the right not to be unjustly prosecuted.

About 97% of the persons accused of felonies plead guilty whether they are guilty or not because if they go to trial (i) they can't win because of the advantages and illegal practices of the prosecutor (such as the right to bribe witnesses); (ii) they don't have the resources to pay for lawyers, investigators and expert witnesses; and (iii) if they lose at trial (which is bound to occur in most instances)they will receive a sentence perhaps 6 to 10 times as long, or longer. From a business standpoint, it makes sense in most cases to take a plea, even when you know that you are not guilty, or that a fair jury trial would not convict you.

I have four websites on prosecutorial abuse, one of which ranks 1st, 2nd or 3rd in most search engines. These four websites are: (i) http://lawmall.com/abuse2.php - Google search positions 2 and 3; (ii) http://lawmall.com/criminal2.php (iii) http://lawmall.com/forfeit2.php (iv) http://www.lawmall.com/pleabarg2.php

As NYS Attorney General, I (or lawyers from the NY Attorney General's office) would be able to audit prosecutors and ensure that they are not engaged in illegal practices. Also, I would set up a list of activities by prosecutors that would be deemed prima facie illegal.

There is no need to use excessive prosecutorial practices other than for the prosecutor to try to establish himself/herself as a candidate for elective office, or as a candidate for judicial appointment. When I hear prosecutors bragging about a 100% (or other high) conviction rate, I understand that, more than likely, a lot of innocent people were found guilty and are languishing in jail somewhere.

Carl E. Person
Candidate for NYS Attorney General - 2010