The title is from the Code of Criminal Procedure. The duty of a prosecutor is not to convict, but to see that justice is done.
Unfortunately the “convictions are wins, dismissals are losses” mentality seems to take precedent over idealistic notions of justice.
Today’s example is from the TDCAA message board-Here is the question.
Trooper stops vehicle for failure to signal when entering highway. (Vehicle merged into traffic). Defendant cites to State v. Ballman, 157 S.W.3d 65 (Fort Worth, 2004), drive not required to signal entering highway from private lot. As vehicle is pulling off road, trooper notes temporary paper tag has expired.Question: Can the state rely on the second PC? Any caselaw would be welcome.
That’s the question. Can the State save this case even though the stop was ILLEGAL?The question should be, is this justice being done, or are we merely seeking convictions?