Reported Misconduct Committed By Judge Francis Darigan, Jr. In Rhode Island
Judge Darigan proves the old adage - "the state can indict a postage stamp" and "if the state wants to get you, they will" in this ruling.
While not misconduct per se - this is from the Providence
Journal in the fall of 2006: Judge Francis J. Darigan Jr. noted in
his ruling that grand jury proceedings are one-sided and that
prosecutors are not required to present evidence that supports a
defendant's interest. Such a two-sided presentation is reserved for
the trial, Darigan wrote. Darigan also ruled that a grand
juror's general question about the existence of any evidence
favorable to the defendants does not require prosecutors to search
for and present such evidence.
Caught.net note: this is one of
the main reasons that prosecutorial misconduct and abuse of
prosecutorial discretion is so rampant in our system.
Furthermore, for those that have seen modern day trials, ask them
if it was a genuine two-sided presentation. "Broad latitude" is given trial judges to "select" the evidence in a trial using what is called "judicial discretion." This "discretion" is
heavily favored and presumed properly exercised when appeals are
heard. So the indictment process AND trials are NOT really designed to be the "full and fair" two-sided presentation that most think. While A framework is there to allow it to happen, as more and more are finding out, it rarely does.
Superior Court Judge Francis Darigan pulled the rug out from under the state's system for enforcing ethics in government.
He dismissed charges that former Senate President William Irons had acted in the interests of a business client, finding that the "speech-in-debate" clause of the state constitution barred the state Ethics Commission from questioning or investigating lawmakers on the basis of their legislative acts. See Rhode Island Ethics Commission page regarding the Irons case.
FOOD FOR THOUGHT
Many times the reason or purpose for events in our life initially escapes us,
but I am certain we can find reason and/or purpose in everything that happens!
It takes a short time to learn to exercise power, but a lifetime to learn how to avoid abusing it.
We are no longer a country of laws, we are a country where laws are "creatively interpreted."
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