The determination to take a case to trial is complicated and difficult, so our criminal system delegates to a single person. The Texas Penal code directs the prosecutor to "see that justice is done" and relies on her discretion. It is effectively a "do the right thing" law with enforcement through executive bully pulpit, ethics disqualifications, bar association sanctions, media scrutiny, and the ballot box.chasfm11 wrote: ↑Wed Feb 23, 2022 7:30 am Perhaps I'm the odd man out on this but I never saw Kyle's situation as much from a self-defense perspective as from a political one. The DA was less concerned about whether or not Kyle was being attacked than he was about Kyle showing up to be resistance to the BLM riot... Pass all the laws that you want ... some other legal avenue will be found to punish the dissidents.
Civil courts handle "do the right thing" all the time. It's messy. It's time consuming. It's limiting to low value cases. It's still open to abuse.
This legislation proposes to add a complicated civil enforcement layer on top of the criminal process. Same judge and fact finder for some of it and new judge and fact finder for other considerations?
I share frustration with prosecutor's abuse of discretion. This doesn't seem like the right fix.
acronym 2/23/2022 8:33 AM