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From: bill@sigma.UUCP (William Swan)
Newsgroups: net.legal
Subject: Re: arrested.. bummer
Message-ID: <614@sigma.UUCP>
Date: Mon, 17-Feb-86 12:31:58 EST
Article-I.D.: sigma.614
Posted: Mon Feb 17 12:31:58 1986
Date-Received: Wed, 19-Feb-86 08:27:01 EST
References: <741@brl-smoke.ARPA> <39400015@uiucdcs>
Reply-To: bill@sigma.UUCP (William Swan)
Organization: Summation Inc, Woodinville WA
Lines: 42

In article <39400015@uiucdcs> mcewan@uiucdcs.CS.UIUC.EDU writes:
>>If you want to correct the situation by bringing public attention [...]
>>In either case I think you should get the best lawyer possible.
>The arrest cost him something (time, embarrassment, peace of mind), even
>if he lost no money. [...]			Scott McEwan

Actually, he is rather fortunate in that he CAN sue!

I have an acquaintance here in Washington State who is falsely accused of
a felony. The laws in this State (I had to look them up to believe it - it's
incredible!) grant anybody "participating in the investigation and prosecution
of" this particular crime complete and total immunity against prosecution by
the defendent, for anything they do! This means that anybody who doesn't
like you (or who has any other motive) can perjure themselves with complete
impunity. This is happening to my acquaintance.

In fact, it turns out that one of the state-employed professionals on this
case has been caught coaching witnesses to commit perjury on the witness
stand before. The only thing the judge did was to throw the case out of
court and seal the files!! Not even a slap on the wrist or a reprimand!
Naturally, this tells that "professional" that he can do what he damn well
pleases, and he is doing it!

This law causes a lot of procedural laziness throughout the system,
including the police. In this case (and probably many others) they grabbed
the first possible suspect without doing a decent investigation first. And
why not? It's less work to try to fit the facts to the suspect, especially
since he can't sue for damages afterwards if found not guilty. Besides,
extra convictions mean more money in next year's budget!

My acquaintance now has to do all the investigative work that the police
should have done, paid out of his own pocket, or go to prison.

P.S. I should add that bills have been presented to the Washington State
     legislature to correct these laws. The politicos killed them last week,
     because there wasn't any money for the State in them.

"Ask not what your country can do for you -
 ask what your country can do to you!"


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