scales-of-justice

Monday, June 1, 2015 – 8:45 a.m.

In America, politics can and does infiltrate the justice system. It happens more than people realize.

Right now Orange County, California is front and center.

In my opinion, there are two primary factors affect the administration of justice in the United States. The first is the undisputed fact that elected prosecutors want law enforcement backing for reelection. The second problem is the “win at all cost” mentality.

Bending, breaking, and ignoring rules and laws involving criminal procedure is commonplace. It’s happening more often because either people don’t discover it, or the legal system lets it go on.

After all, there’s is a mandated law school course actually titled “Criminal Procedure” for a reason. But line prosecutors are under tremendous pressure to win cases, especially jury trials, in order to make their bosses look good. Delivering appropriate justice is not necessarily a key factor.

In Orange County, the Public Defender has hit District Attorney Tony Rackauckas squarely in the forehead. What’s about to unfold could likely end his career as a public servant and, not to mention, tarnish his legacy.

A scathing motion filed in Orange County Superior Court in the case of murderer Scott Dekraai is worth the read. It’s even started to garner serious media attention.

The conduct has already affected the sentencing in another case.

One can only imagine the number of serious felony cases that are about to be impacted because of cheating the rules.

It’s going to be interesting watching the Attorney General defend this conduct.

Here’s the aforementioned motion: People v. Scott Dekraai