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Member |
Any problems with dismissing a case until my teenage victims grow up and settle down? They have lots of problems in part due to their dad's sexual assault. Had one hung jury and since then the brother molested the sister and has made an outcry of abuse too. | ||
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Member |
You would get criticized by the public and any future victims if the defendant repeats his crime. Secondly, a constitutional speedy trial problem could result if the defendant claims that one of his key witnesss is no longer available or that evidence has been lost by your decision to delay and refile. Also, delaying the prosecution sends a message that you do not believe him to be a threat to the community. Prosecute now or dismiss forever. | |||
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Member |
You should also be concerned about the fact that as time goes on, your witnesses are not that likely to get better, but rather they are more likely to become less and less cooperative. My experience has been that even delays in trial that aren't my fault tend to give the victims less faith in my ability and desire to do justice for them. Dismissing the case with some vague promise about refiling it later will chase them off permanently, I would think, especially if they learn that your reason was your lack of faith in their credibility. | |||
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Member |
I think delaying is going to cause you more problems in the long run. I'd prefer to take it on now and address the issues your victim has without apologizing to the jury. I'd simply lay it out there and make sure you do it matter-of-fact-ly. I concur with the above opinions and add that it would be better to have a verdict now in case the defendant is acquitted rather than years later. | |||
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