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June 16, 2007

“Nifonged”

 

 

Justice was finally served as Former Duke lacrosse rape prosecutor was disbarred for egregious prosecutorial misconduct. Much good will no doubt come out of this, such as the fact that perhaps other prosecutors who have considered withholding evidence or have in fact done so in the past might reconsider such an unethical course of action. Quite frankly, I would like to see legislation making it criminal for a prosecutor to withhold any evidence unless the judge agrees it would endanger national security, the safety of witnesses, etc., with prison time and a lifting of any immunities for any prosecutor caught in violation. Clearly such a law needs to be enacted in order to protect the constitutional rights of defendants as well as the integrity of the judicial system and the overwhelming number of ethical prosecutors working daily to take genuine criminals off the street.

 

 Video gallery: Nifong State Bar hearing

Courtesy News Observer

 

As for today, it might be argued that the system was proven ultimately to work – and indeed Mike Nifong may well soon face contempt findings from the bench presiding over the now-defunct rape case as well as a decent chance of succumbing to a successful civil suit when it is brought against him; however, it might not be forgotten that only through very good fortune was the opportunity afforded the system to even know it had grounds to step in (re: DNA). Court is a dangerous game in which defendants of all stripes and plaintiffs in civil cases (justifiably) risk significant personal penalties for unethical conduct during the process of a case; it should be no different for a prosecutor, especially where the weight of state power and prestige comes into play, careers are built – and those accused stand to lose everything if convicted (or in fact lose nearly everything simply for being accused and being subjected to the process, including detention, loss of work, loss of property through foreclosure or eviction, loss of good credit, family, friends, and so on). While we must fix the glaring perversion of the modern justice system, which has been that true criminals are getting off with slaps on the wrist (if that), we must also certainly ensure that only the guilty are being punished – be he defendant or rogue prosecutor.

 

At the same time, there’s little doubt in my mind that the Nifong disbarment and any laws which are subsequently passed to keep prosecutors in check will be available for abuse as another tool for radical political groups like the ACLU and the Southern Poverty Law Center. Such groups would love to be able to politicize the ABA more than it already is and abuse any government oversight to the extent that legitimate cases ongoing against criminal defendants would be jeopardized by bar review or attacks on the credibility of the prosecutor; to begin de-legitimizing cases that do not look to turn out favorably to such radical political groups even as they are ongoing, rather than only through shopping for appeals. Even now the simple comparison of a prosecutor to Mr. Nifong in the media or during a trial might become a useful tool for the unscrupulous as well as for those wishing to draw legitimate comparisons.

 

As with anything, what follows from today’s further vindication of the Duke lacrosse players and shot across the bows of crooked prosecutors around the country is a little bit of good and a little bit of bad, which likely will be followed by calls to reform that abuse, and so on. I guess the moral is that while today a victory was attained, justice fights again tomorrow. No victory is absolute and eternal vigilance will ever remain the price of liberty.

 

 

Posted by Martin at June 16, 2007 06:29 PM

Comments

the Nifong disbarment and any laws which are subsequently passed to keep prosecutors in check will be available for abuse as another tool for radical political groups like the ACLU ...I couldnt agree more Martin!..but it's good news nonetheless eh? :)

Posted by: Angel at June 16, 2007 11:05 PM

Hello.

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Happy June.

eric

Posted by: eric at June 18, 2007 01:39 AM

There's talk now he may be going to prison.

Posted by: Debbie at June 23, 2007 02:13 PM

All very good news indeed, guys! But just think what would have happened had the Duke boys not been able to afford top-notch lawyers who pulled allnighters to weed through the mounds of papers sent over by Nifong to find that one little hint of missing DNA. I know the pundits have already covered this ad nauseam, but yeah, I hope the judge finds Nifong in contempt and makes an example of him. I understand it is 30 days per infraction for criminal contempt in North Carolina. I understand also that there are a few infractions. ;)

I wonder how many of those in the past rightly or wrongly convicted thanks to Nifong will now seek a retrial, costing the taxpayer out the wazoo... no doubt more headaches to come.

Posted by: Martin at June 23, 2007 07:17 PM