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SmallSpoonBrigade
Steve Lehto
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Comments by "SmallSpoonBrigade" (@SmallSpoonBrigade) on "Court Accidentally Dismisses Hundreds of Criminal Cases" video.
@AGILISFPV He gets whatever is in the articles covering it. He's mostly talking about the legal issues involved with what's in the articles. Since he isn't there directly covering any of this, that's to be expected.
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@DHFlip18 We used to have that to a much larger extent and it was a massive problem. Anybody who was popular enough could incite a mob to go and get their opponents and string them up. The system we have is flawed, but that doesn't meant hat it isn't on the whole better than what we had previously.
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@masterthnag105 Yes, plus as a practical matter, what's to stop that person's family and friends from deciding that the person taking the law into their own hands isn't a murderous monster? That kind of thing keeps gang wars going on for many years, past the point where anybody knows who started it or why.
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@mikeslater6246 Computers break a lot, especially if they aren't properly designed and maintained. And keep in mind that in many parts of the country, there's little interest in paying the taxes necessary to have government computers that are properly maintained and upgraded as appropriate.
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@DHFlip18 And who is to judge who is and isn't guilty? The point of having jury trials is that a group of people separate from the parties involved in the matter are better trusted to weigh the facts than people that are directly involved in the controversy. Back when this was a major problem, it was kind of interesting how it was mostly Black people, Jews and immigrants that were on the receiving side of this form of justice rather than those with power.
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I see little Bobby Tables has struck again. When will people learn to sanitize their inputs?
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Criminal cases can't typically be refiled when dismissed. With and without prejudice is typically a civil thing as the consequences of losing a case are primarily monetary, although there may sometimes be an injunction involved against certain activities relevant to the suit.
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If charges are dismissed then you can't be tried again for the same crime due to the constitution's ban on double jeopardy. However, in many of these cases there could be other charges that weren't involved int he proceedings that could be done to sort of mitigate that. The only way of doing a redo is if a mistrial is declared and judges are hesitant to do that as it means that there's a lot of time and money that's been wasted. The plaintiff, or prosecution as appropriate, gets to waste a bunch of money and the defendant is run through the ringer again both financially and emotionally. Once a criminal case is dismissed, that's it, there is no do over and that's part of why good prosecutors will let things sit for a while if they think there's going to be more evidence to be found before getting things started when they can.
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Then what would you call them missing a filing deadline other than a technicality? Excluding damning evidence because it was improperly collected is more what the framer's of the constitution had in mind than missing a court filing date by a few hours.
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Doesn't work like that. Dismissal of charges is permanent the same way that a not guilty verdict from a jury, or judge in the case of a bench trial, is permanent.. You cannot be charged again for whatever charges were dismissed. You could potentially be charged for other things if the prosecutor didn't file charges for every applicable charge, but that probably would get challenged by the defense if it looks to be an end run around the constitutions prohibition on reprosecuting crimes.
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