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Politics : Politics for Pros- moderated
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To: Lane3 who wrote (14213)10/28/2003 3:42:35 PM
From: MulhollandDrive  Read Replies (2) of 793761
 
>>Hard cases make bad law. From the perspective of the laws that protect victims' rights, this is a train wreck waiting to happen.>><

what "bad law" does she refer to here? the rape shield law?

everytime i've ever heard the expression "hard cases make bad law" it has been in the context of new laws being written to address a perceived inadequacy in existing law stemming from a poorly adjudicated case.

is this her concern?

new "bad laws" will come out of this case?

Estrich didn't say that the woman should not have reported the rape. What she said was that it shouldn't have been prosecuted by the prosecutors

true, but what estrich did say: The prosecution blew this one by not exercising its discretion, by not treating rape like they do every other crime

i would like to hear exactly how the prosecution deviated from treating this rape case unlike "every other crime".

all i have heard is the "postergirl" argument from her in that article.

estrich is not in the courtroom, estrich has not examined or cross-examined the victim or the accused.

you may not calling the victim a "postergirl" for nuts and sluts defense criticizing the woman for coming forward, but from there she makes the leap that it should not have been prosecuted.

and then she goes much further than that by "acquitting" bryant of the charge.

it is obvious that estrich has concluded that this was a false rape charge and that the prosecution and judge were wrong to proceed when she writes:

And it probably will, although I'd feel more certain if Johnnie Cochran were asking the questions. But there are always misfires. There is always a danger -- because of bad strategy, because 12 people believe her and not him, because of racism or bad lawyering -- that in one case it will go wrong.

And even if a jury acquits, Kobe Bryant will never be the same. You don't get your reputation back, or your life

Indeed, without question he is presumed innocent. The prosecution will have to prove its case beyond a reasonable doubt. I'm just not going to prejudge the case one way or the other.
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