Trias politica and court cases

Willempie

Ad Honorem
Jul 2015
5,305
Netherlands
#1
I was getting too frustrated I thought it would be better to spend my energy on a discussion, rather than just start yelling. Lately there have been a couple of court cases in which at the very least the people/prosecution have been called into question.
In the US we have the Flynn court case in which the prosecution seems to be hell bend on not releasing Brady/exonerating material even though the prosecuted party already confessed and the defense is not going to change the plea. So unless there is a real reason of national security there isn't really a reason to withhold it.
In my own country we have the never-ending case of Geert Wilders. For the people that don't follow the real news, he was charged for the following:
Wilders at an audience: "Do you want more or less Moroccans?
Audience: Less, less, less
Wilders: then we will arrange that.

For some reason this was considered hate speech (imo already an idiotic thing, but I cant change where I live) and a court case ensued in which he was found guilty but without punishment. But now comes the fun part.
It would seem the department of justice pushed for the charge and maybe also the minister (Wilders was opposition). And just like with the Flynn case every time the defense makes a charge, it is denied until evidence is uncovered and the next foxhole is defended.
Court of Appeal only decides when Wilders is entitled to prosecute | tellerreport.com
My apologies it is the only one I could find in English that wasn't completely biased

With those 2 cases in mind, which are making headlines in their respective countries, is the prosecution to be trusted to turn over exonerating evidence?
 

tomar

Ad Honoris
Jan 2011
13,755
#2
With those 2 cases in mind, which are making headlines in their respective countries, is the prosecution to be trusted to turn over exonerating evidence?
Why should they be ?

It is a "game" , they want to win, and they will use every trick in the book to do so... This is compounded by the fact that in the US (do not know about the netherlands) prosecutors "stats" are important to their carreer.


Why Prosecutors Hold the Key to Justice Reform
 

Edratman

Forum Staff
Feb 2009
6,690
Eastern PA
#3
I do not have the ability to answer your question with 100 % accuracy.

I believe that almost every prosecutor tries to be in compliance with the law. However, the powers that be, judge these people on wins and losses, so that most of them will flex to do whatever is necessary to protect themselves and their families.
 
Last edited:
Jul 2015
5,305
Netherlands
#4
Why should they be ?

It is a "game" , they want to win, and they will use every trick in the book to do so... This is compounded by the fact that in the US (do not know about the netherlands) prosecutors "stats" are important to their carreer.


Why Prosecutors Hold the Key to Justice Reform
In the Netherlands it isn't (or shouldn't be) as prosecutors are not elected. I also suspect that it doesn't matter much in the US unless it is a high profile case (or very low where nobody really cares and the defendant has a "pro-bono intern lawyer").
However withholding evidence is a couple of bridges further than just using prosecutorial privilege.
 
Jul 2015
5,305
Netherlands
#5
I do not have the ability to answer your question with % accuracy.

I believe that almost every prosecutor tries to be in compliance with the law. However, the powers that be, judge these people on wins and losses, so that most of them will flex to do whatever is necessary to protect themselves and their families.
I guess that is the real problem when stuff gets politicized.