Regardless of whether you think he is guilty or innocent, it appears that Avery deserved a new trial based on prosecutorial misconduct. Unfortunately, he now has the burden of proving his innocence.
Why do some believe that police, prosecutors and judges are morally or ethically superior to other people? In my experience, people who seek this type of authority are more likely to abuse it.
Well, how many judges and district attorneys do you have direct personal experience with such that you know where their personal ethical bar lies, and that have not only sought those roles, but have also been appointed or elected to them? I'm asking because (1) if five folks seek the office of judge and the one who gets it is the one ethically resolute person among them, you'd be right, but that you would be right would have no real impact on the execution of justice, and (2) you'd need to be personally aware of a hell of a lot of attorneys (
there are ~1.25 million of them in the U.S.) for your personal experience to be convincingly relevant with regard to the allusion you made.
One thing that militates for the public's perceiving judges and district attorneys having higher degrees of rectitude is the consequences such professionals face when they show they do not. For most people, ethical lapses have to reach the level of criminality before they must endure any substantive penalty for them. That's just not so with legal professionals who risk disbarment. Once that happens, their legal career is over and starting a comparably rewarding new one is, though not impossible, unlikely to happen.
All it takes is for a prospective employer to make a phone call to their prior employer asking just one question: "is the person rehireable?" The answer will be "no" and that will be that. That question is among the most important ones asked when employers vette prospective experienced-hire employees. That "no" answer is essentially the kiss of death, pretty effectively ensuring that one will not return to the ranks of professional employment, even in an unrelated field.
With regard to cops, well, I think your intimation is largely accurate.
I am not going to speak for woodie, however with regard to your post which frankly did not address what you highlighted, you do not need to know even so much as one of them personally, only to understand the law, due process and the courts etc, and review the results of their work or lack thereof. Ken Kratz the prosecutor in the Avery and dassey cases should have been drawn and quartered.....very slowly along with everyone else involved in the investigation and prosecution of those cases all the way to the top of the hill in wisconsin.
Red:
The second paragraph of my post specifically speaks to why some people perceive judges, lawyers and cops as having or demonstrating greater ethical standards than folks who aren't in those careers.
You are correct that I didn't address the ethics of
people who seek to be cops or attorneys (judges are, nearly always if not always, also attorneys) because I'm not aware of any scholarly studies pertaining to such folks. I provided multiple references that in part or overall address the ethics of cops and attorneys, that is,
folks who actually have those positions, rather than folks who merely have sought them. Since the content in those reference sources wasn't gathered, analyzed, or written by me, I just posted links to them.
Brown:
It's laughable that you wrote the words "common sense" as part of this discussion. "Common sense" is what tells one the world is flat. So for whatever good "common sense" is, it's far from infallible. Indeed, it's questionable how often common sense is sensible.
I have some awareness of the law and I've read the transcripts and court opinions pertaining to some cases, but not by any means so many cases as would constitute "the tip of the iceberg." That's not surprising as I'm a CPA and consultant not an attorney.
That said, of the cases I've read, I've come by some that I don't agree with the decision and/or arguments given by one or the other side. I've read of instances wherein someone's ethics struck me as being "on vacation" at one or more points in the course of a matter, but that isn't my observation for the majority of cases with which I'm familiar. (It's worth noting that the ethical behavior, or lack thereof, of the attorneys and cops involved were not ever the reasons for which I read a court decision or trial transcript.)
It seems to me that merely saying judges, prosecutors and cops are, in the main, unethical needs more substantiation than "common sense," or one's mere attestation to as much based largely on such sense, can provide. "Common sense" is a useful thing that's quite applicable to common matters. The intricacy of the theory and practice of jurisprudence doesn't strike me as common at all: the process by which we establish, analyze, enforce and arbit our laws is not commonly encountered, considered or known by most common people. So while "common sense" is useful for many things, determining what's right and wrong as goes the execution of justice is among those things for which it is not useful; some sort of sense that is less common than is "common sense" must be used.
Nowadays most people die of a sort of creeping common sense, and discover when it is too late that the only things one never regrets are one's mistakes.
― Oscar Wilde, The Picture of Dorian Gray
Pink:
Well, that's your opinion, and I haven't seen the television show or read the testimony, so tell me the following things about your opinion:
- Is your opinion based on the 10 hours of the Making a Murderer series, or have you read the tome that is the trial transcript and, with that full awareness of the case come to that conclusion? If the former, is it possible that your opinion does not take into consideration events and deeds not reflected in the on air program content, which doesn't include even 1% of the testimony of the Avery trial
- What do you think, as specific deeds or sequences of specific acts, the prosecutors in the Avery case did warranting that s/he be drawn and quartered?
Blue:
None of the blue text was made that way by me.