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    wallabee4's Avatar
    wallabee4 Posts: 294, Reputation: 19
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    #1

    Mar 28, 2012, 08:58 AM
    Do cops and lawyers really DO this?
    OK, I will amaze my friends by asking a question without giving too-lengthy specifics!

    Do cops and/or lawyers ever use an innocent person to prove a point to a bad guy and make their own lives/jobs easier, even though at the expense of the innocent guys?

    What I mean is, a 'bad guy' who is a nuisance seeing everything in life as being all about him/her calls the cops and cries and moans and always wants immediate cop action or seeks a lawyer at every drop of a hat and wants people prosecuted for anything and everything. Do cops/lawyers ever decide that the best way to shut this type of person up is to have one of their fake causes that seems the most likely to be fake seen through to court and thus dismissed/denied so that it is the judge telling them this and the cop/lawyer can wash their hands, saying they did their job but, see, I'm not going to come every time you call now because the judge says you were wrong. (And thus the innocent person who was charged with the fake 'crime' had to endure court and stress and maybe legal fees to defend against what was a baseless charge and the cop and lawyers and prosecutor knew it, but continued anyway to get the outcome they expected)? And do cops/lawyers choose an honest law-abiding citizen to do this against because they expect that person will be less likely to turn around and file for malicious prosecution because that person will accept personal responsibility and feel guilty for being charged and thankful to be cleared and habitually avoid court and suing at the drop of a hat and therefore not likely to understand their rights?

    Would really like to know if I am being paranoid or if this really happens a lot of the time for cops and lawyers to deal with the overly litigious folks out there.
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #2

    Mar 28, 2012, 09:07 AM
    The police and the DA have a responsibility to investigate complaints filed by citizens to see whether there is any basis to filing criminal charges. I don't think any rationale person would do as you suggest - because when they file a case it's much more work for them, and if they lose it malkes then look bad. It would also be a vioilation of ethics for a DA to prosecute a case if he doesn't think the accused is actually guilty - which could get him fired or worse. That doesn't mean it could never happen, as people can act irrationally - it just seems highly unikely. And I would expect that if they went this route the habitual complainer would continue to complain anyway.

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