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Trump knows he's facing some pretty strong criminal liability when he leaves office, one way or another. Even if a sitting president can't be indicted, he's got to know his future looks like it's behind bars unless he cuts some sort of deal with the prosecutors.
It sounds terribly cynical, but the real surprise in the Philando Castile case is not that the officer was acquitted but that he was charged at all. The prosecutors in the case deserve great credit for even trying. But no one should be shocked about how it turned out.
The 5th Amendment guarantees that defendants can't face 'double jeopardy,' which means the government can't prosecute a person a second time for the same crime if the jury returns a verdict. Only if the jury doesn't reach a decision can prosecutors elect to retry the case.
One of the first things the PT government did when it took office in 2003, after Luiz Inacio Lula da Silva won the presidency, was to create a 'dirty list' of hundreds of companies and individual employers who were investigated by labor prosecutors and found to be using slaves.
One thing I know from personal experience, judges hate it when parties talk publicly about their cases. There are a lot of things about our criminal legal system that need to be changed, and this is just one of them. Prosecutors know how to play the press. Most defendants don't.
Prosecutors frequently overcharge, load up charges on individual defendants, knowing that three strikes laws and harsh mandatory minimum sentences will force people to plea bargain and essentially convict themselves because they're terrified of doing a life sentence for a relatively minor crime.
Prosecutors necessarily weigh a number of factors before bringing charges. There are obvious considerations, like the strength of the evidence, especially regarding intent. Responsible decisions also consider the context of a person's actions and how similar situations have been handled in the past.
From the smallest misdemeanor up to the biggest crime, everyone is brought before a judge. And that means there's a huge backlog in the American legal system. There are prosecutors and public defenders and judges who are trying to keep their head above water in the tide of this bureaucracy and red tape.
On television and in the movies, crimes are always solved. Nothing is left uncertain. By the end, the viewer knows whodunit. In real life, on the other hand, many murders remain unsolved, and even some that are 'solved' to the satisfaction of the police and prosecutors lack sufficient evidence to result in a conviction.
'CSI' has not only remained a top-rated show through seven seasons; it has had real-world consequences. Police and prosecutors complain of a 'CSI' effect' that leads juries to demand more physical evidence than they used to expect. College officials use the same term to describe spiking enrollment in forensic-science programs.
I went downtown to the courthouse pretty late at night, and arraignment court was on. You have these prosecutors and public defenders and judges and all of these people who are there on a Friday night at half past 12, and how can you expect people to bring their judgment and their best selves to their work at that kind of time?
In 1995, Russia virtually gave Chechnya de facto statehood and independence even though, de jure, it didn't recognize Chechnya as an independent state. And I would like to emphasize strongly that Russia withdrew all of its troops, we moved the prosecutors, we moved all the police, dismantled all the courts, completely, 100 percent.
Trump and Barr both insist that he has been cleared, but that's not what more than 1,000 former federal prosecutors who read the Mueller report say: The evidence described in the report would lead to an indictment of anyone else in the country. If that's right, we simply cannot have a president who remains in office because of a technicality.