On November 2, 2017, the California Supreme Court approved new state bar ethics rules which impose heightened duties on prosecutors in criminal cases. Why is this important? Men are often the target of overzealous or unethical prosecutions, particularly at the hands of jealous or vindictive women. Prosecutors who bring fake cases can be sanctioned or disbarred under the new rules for not paying attention to exculpatory evidence.
Among the changes, under Rule 5-110 government prosecutors are now ethically required to:
- not institute or initiate charges without probable cause;
- make sure the accused understands his rights to counsel and does not waive important pre-trial rights without full disclosure;
- disclose all exculpatory evidence that should be obtained through reasonable investigation;
- properly supervise agents and law enforcement personnel to make objective and unbiased investigations; and
- obtain reversal of convictions for innocent men when new evidence comes to light that demonstrates the innocence of the accused.
It is estimated that men comprise between 70-80% of arrests, criminal prosecutions and incarceration. When men are convicted, they are often given longer sentences than women for the same crimes. Particularly disturbing is the high rate of male prosecution and incarceration for alleged interpersonal and “domestic violence” cases; even when women commit the same alleged crime at equal or higher rates.
Most states like California now have special domestic violence and sexual assault prosecution task forces. These task forces are created through special interest funding to prosecute and incarcerate men.
Because of misguided beliefs and policies, prosecutors often intentionally or recklessly ignore evidence that tends to prove the innocence of the accused man or at least mitigates his involvement or culpability. This evidence could include digital evidence, text messages, emails, the history of the relationship, witness and character testimony, mental health issues and other forms of important evidence which might negate the crime or mitigate the sentence or charge for the defendant. Under the new rules, the prosecutor must pay attention to this evidence, obtain it, and disclose it in the case.
If you are a victim defendant of a fake DV or sexual assault case and believe the prosecutor is behaving unethically, ignoring evidence, and prosecuting your case without probable cause, you should make an official complaint to the California State Bar or your local jurisdiction’s bar licensing agency. http://www.calbar.ca.gov/Public/Complaints-Claims/How-to-File-A-Complaint. Failure to abide by these rules can get a prosecutor sanctioned or disbarred.