I dunno, Chris, what are we talking about? I came into the argument late, somebody pinged me, I don't really know what ya'll are arguing about.
There's legal realism, but that doesn't really trump reality, even for lawyers. We know that something can be the functional equivalent to something else, but that doesn't make them the same.
For example, you can have your police records and court records expunged if you are acquitted, nolle prossed, or receive an absolute pardon. But a nolle prosse isn't really the same thing as an acquittal.
In Va., can't remember off the top of my head if the statute of limitations for a misdemeanor is one year or two, I think it's one. But there's no statute of limitations for murder. So if a murder charge is nolle prossed, that doesn't mean that the person skates forever.
Acquittal, however, does, for most purposes.
But, for a cop, who's seen a lot of bad guys skate on technicalities, a nolle prosse and an acquittal mean nothing. Same, in my experience, with prosecutors, and, to a lesser extent with judges and criminal defense attorneys. If you're looking at a rap sheet with a dozen or two acquittals and nolle prosses, no way you're going to think the guy was just unlucky. You're going to think he is the luckiest guilty sumbitch on the planet. |
