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Ed Shaw Law No Nonsense Legal Advice

Local Solutions For Local Problems

With Great Power Comes Great Responsibility

by | Jul 15, 2024 | Firm News |

It is a quote from Spiderman, but applies to the real world, not just comic strips. I heard it from a prosecutor the other day as he was referring to the impact his decisions could have on people. If he decided to charge a person with a serious crime they could be arrested, held in jail, labelled as a criminal in the media, around the community, and in some cases fired from their job. All of this can happen before a trial, before a conviction, before there is any decision that a crime has even been committed. The filing of a criminal complaint, a formal charge against someone by a prosecutor can make all of this happen and the impacts are of course worse for accusations of serious crimes. The prosecutor whom I was talking to said that he considers the impact of a criminal charge on someone before he files one. He makes sure that there is solid evidence that the person is guilty and has actually committed a crime before charging them with it. This is the responsibility that goes with the power to charge someone with a crime. This is prosecution at its best, using the power of the state to accuse carefully, with restraint and humility.

Ed

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