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It is a cardinal rule of ethics in the legal profession that the duty of a prosecutor is not to seek convictions, but to pursue justice — even if that pursuit leads to a dismissal or acquittal of charges.  Sadly, that is less and less true in today’s world of winning at any cost….as the following news story illustrates:

19th Judicial District Attorney Offers Cash for Convictions



Arapahoe County, CO. – The 18th Judicial District Attorney, Carol Chambers, is giving bonuses to her deputy attorneys who tried more than five cases last year and have a conviction rate higher than 70 percent, 9Wants to Know has learned.

Critics say it’s unethical to give prosecutors a financial prize for winning a trial and may give defense attorneys a reason to appeal a case.

"The prosecutor’s ethical obligation is to seek justice for everyone," Colorado State Public Defender Douglas Wilson said. "Basing bonus pay of conviction rates flies in the face of that obligation and sounds a lot like the Old West bounties."…

The DAs for both of the metro area’s biggest districts believe paying for performance could leave the prosecutor interested in the outcome of the case.

"Our job is not to directly tie the conviction rate, trials or plea bargains to a monetary figure," First Judicial District Attorney Scott Storey said. "That would be like working on commission or something. And that’s not what we do."

The American Bar Association standards say a prosecutor’s duty is to seek justice, not conviction.

"What matters is that you go in there and you seek justice. And you do the best job you can and then you leave it up to 12 citizens to make a decision," Morrissey said.

How would you like to be accused of a crime…and know that the prosecuting agency has a bounty on your head — guilty or not?

 

DUI BLOG

In most drunk driving cases, by far the most important evidence comes from a breath test.  Our DUI laws even provide that they are sufficient by themselves to warrant a conviction.  The accuracy of these devices is, therefore, critical.  And I’ve posted dozens of time on the inaccuracy and unreliability of breathalyzers.  See, for example, How Breathalyzers Work — and Why They Don’t, Attorney General Finds Widespread Breathalyzer Inaccuracies: Police Shut Down All Machines and More Massive Breathalyzer Failures.

Besides the inherent inaccuracies of breath-testing devices, they are also entirely dependent upon proper maintenance and calibration by the police making the arrest. Failure to properly calibrate one of these devices on a regular basis is going to result in false readings — and wrongful convictions.

Unfortunately, cops and police agencies are notoriously lazy or incompetent when it comes to these irritating "technical" tasks….

SFPD Breathalyzer Error Puts Hundreds of DUI Convictions in Doubt

San Francisco, CA.  March 5 – Hundreds, or even thousands, of drunk driving convictions could be overturned because the San Francisco Police Department has not tested its breathalyzers, officials said Monday.

For at least six years, the police officers in charge of testing the 20 breathalyzers used by the Police Department did not carry out any tests on the equipment.

Officers instead filled the test forms with numbers that matched the control sample, said Public Defender Jeff Adachi, throwing countless DUI convictions into doubt.

“We do expect that the cases will be in the hundreds. It’s possible that it could go into the thousands. The District Attorney’s Office is still investigating the scope of this,” Adachi said during a joint news conference with District Attorney George Gascon…

Amazing….no calibration tests in six years!  The cops just made up numbers to make the machines look accurate.

Even more amazing that a reading from one of these machines is legally considered proof beyond a reasonable doubt in a DUI case — and even triggers a legal presumption of guilt, forcing an accused citizen to prove his innocence.  See Whatever Happened to the Presumption of Innocence? and How to Overcome Scientific Facts: Pass a Law. 

(Thanks to Andre Campos and Murphy Mack.)
 

DUI BLOG

This blog has reported stories about the effect a criminal conviction may have on future job prospects. College students facing alcohol related offenses may be unaware that simply paying a ticket can result in a permanent criminal record as a conviction. Paying a ticket is essentially pleading guilty to the charge under North Carolina law.

In North Carolina DWI cases, many people choose to speak to a DWI defense attorney. There can be harsh legal consequences related to a DWI conviction. Like the idea that a conviction goes on an individual’s permanent criminal record, a DWI conviction can have other “collateral” consequences, beyond what the judge imposes at the time of sentencing.

So far this year, six Major League Baseball players have been arrested on suspicion of driving under the influence of alcohol across the country. Pat Courtney, a spokesman for Major League Baseball says the topic of discipline for ballplayers who are convicted of DWI will be “a topic of negotiations this time around” when the league and players union sit down to hash out the next collective bargaining agreement.

The current agreement expires in December. There is no provision in the agreement related to off-field matters. The number of ballplayers charged with DWI, however, has caught the eye of the league.

The most recent arrest occurred Tuesday. Shin-Soo Choo of the Indians was charged with DWI after police say chemical tests indicated the man’s blood alcohol level was more the twice the legal limit. In February, Tigers first baseman Miguel Cabrera was arrested during spring training. Police claim the ball player drank from a bottle of scotch in their presence during the alleged DWI investigation.

Mariner Adam Kennedy, Austin Kearns of the Indians, Derek Lowe of the Braves and Coco crisp of the A’s have all been charged with DWI in the past four months. Currently players do not typically receive discipline from the league for off-field incidents, like DWI related charges, but the league is looking into the matter.

It should be noted that employment opportunities are increasingly associated with background checks. A DWI conviction can, in some cases, factor in to future job prospects. People charged with DWI have the right to challenge the state’s evidence in court. Any individual facing a DWI charge can speak to an experienced DWI defense attorney about their specific case.

Source: Bloomberg, “Baseball to Seek Off-Field DWI Discipline Option in Labor Negotiations,” Erik Matuszewski 4 May 2011

Greenville DUI Attorney Blog | North Carolina Underage Drinking Lawyer | Pitt County First DUI Law Firm

It is a cardinal rule of ethics in the legal profession that the duty of a prosecutor is not to seek convictions, but to pursue justice — even if that pursuit leads to a dismissal or acquittal of charges.  Sadly, that is less and less true in today’s world of winning at any cost….

19th Judicial District Attorney Offers Cash for Convictions

Arapahoe County, CO.  March 23 – The 18th Judicial District Attorney, Carol Chambers, is giving bonuses to her deputy attorneys who tried more than five cases last year and have a conviction rate higher than 70 percent, 9Wants to Know has learned.

Critics say it’s unethical to give prosecutors a financial prize for winning a trial and may give defense attorneys a reason to appeal a case.

"The prosecutor’s ethical obligation is to seek justice for everyone," Colorado State Public Defender Douglas Wilson said. "Basing bonus pay of conviction rates flies in the face of that obligation and sounds a lot like the Old West bounties."…

The DAs for both of the metro area’s biggest districts believe paying for performance could leave the prosecutor interested in the outcome of the case.

"Our job is not to directly tie the conviction rate, trials or plea bargains to a monetary figure," First Judicial District Attorney Scott Storey said. "That would be like working on commission or something. And that’s not what we do."

The American Bar Association standards say a prosecutor’s duty is to seek justice, not conviction.

"What matters is that you go in there and you seek justice. And you do the best job you can and then you leave it up to 12 citizens to make a decision," Morrissey said.

How would you like to be accused of a crime…and know that the prosecuting agency has a bounty on your head — guilty or not?
 

DUI BLOG

The North Carolina Court of Appeals overturned several convictions last week in the 2009 DWI trial of a Charlotte, North Carolina, woman. The appellate court found that evidence presented in the 2009 trial was unreliable and prejudicial. Law enforcement never obtained a test to determine the defendant’s blood alcohol content to support charges arising out of alleged DWI.

The matter arose out of an alleged incident occurring in 2008. A man stopped on a bridge in Belmont to assist two stranded motorists. He got out of his vehicle. Police claim the defendant crashed into the group on the bridge, killing the man standing outside on the bridge. Law enforcement claims the defendant then fled the scene.

Belmont police say they found the woman 10 hours after the accident. Law enforcement did not conduct any test of the woman to determine her blood alcohol content. Law enforcement claims the woman smelled of alcohol.

At trial, prosecutors introduced evidence that the woman had four beers and two mixed drinks the night of the accident, but no testimony that the woman appeared impaired. The prosecutor called an expert to testify that the woman was drunk when the accident allegedly occurred. The expert used a formula that uses the average elimination rate for alcohol in an adult.

The expert multiplied the average elimination rate multiplied by the number of hours between the accident and initial contact with the defendant in the case to determine her blood alcohol level was twice the legal limit in North Carolina.

The expert based the conclusion of the odor of alcohol reported by the police officer. The expert admitted it was the first time he made blood alcohol conclusions based upon the odor of alcohol.

The Court of appeals reversed several convictions based upon the evidence. The appellate court also ruled that certain prior convictions for DWI dating back to 1989 were too old to be used as evidence against the defendant. Use of the stale prior convictions also denied the woman her constitutional right to a fair trial.

Source: WSOC Charlotte, “Family Angry After Convictions Overturned in Fatal Crash,” 19 Nov 2010

Greenville DUI Attorney Blog | North Carolina Underage Drinking Lawyer | Pitt County First DUI Law Firm