The problem in America is that an attorney can bring a unwinnable frivolous suit against a person or a company, not in the hopes of winning, but in the hopes of getting paid to go away. Attorneys use people, who have no means of paying, to bring these suits because if the person or company being sued say **** you we are going to fight it, it isn't the attorney that they have recourse against it is the poor worthless bastard the attorney used to bring the suit. Who is going to spend money to go after some without a pot to piss in for the attorney fees? The way the system is setup now, the poor **** bringing suit has nothing to lose and can only gain, the same goes for the attorney bringing the suit. The defendant is the one with everything to lose even if they win.
The bigger problem in America is that a prosecutor can come at a civilian with virtually unlimited tax dollars and get a win at trial or get a plea simply by charging the crap out of someone. And should the civilian win at trial, they are still out the money they spent for their defense; so the prosecution wins anyway.
In some countries (GB and Canada I believe), the defense gets their cost reimbursed without having to go to court. This is a good thing in that the prosecutor must count the cost of possibly losing a lousy case weak n facts.
What we have now is a system where a LEO practicing what I call "Plausible Cause," i.e. making something up that a judge will swallow and sign off on...and that he can deny later..
The Justice system charging a civilian for the money they chose to spend going after someone is just wrong to begin with...no matter how we feel about the defendant. It is a dangerous precedent.
I have a good friend, who used to be a cop, and we would argued about what is legal and what isn't. I always knew when I won the argument because he would say something like this, even if I'm wrong, I take your ass to jail, charge you, and you have to pay an attorney thousands of dollars in attorney fees. Either way you lose.
I have a good friend, who used to be a cop, and we would argued about what is legal and what isn't. I always knew when I won the argument because he would say something like this, even if I'm wrong, I take your ass to jail, charge you, and you have to pay an attorney thousands of dollars in attorney fees. Either way you lose.