# How responsible are the judge and prosecutors for these deaths

**URL:** <https://boards.straightdope.com/t/how-responsible-are-the-judge-and-prosecutors-for-these-deaths/586209>\
**Category:** Great Debates\
**Created:** [June 20, 2011, 9:37pm UTC](https://boards.straightdope.com/t/how-responsible-are-the-judge-and-prosecutors-for-these-deaths/586209 "2011-06-20T21:37:58Z")\
**Posts on this page:** 3\
**Page:** 2

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**Author:** ![Guinastasia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/guinastasia/32/5751_2.png) [@Guinastasia](https://boards.straightdope.com/u/Guinastasia)\
**Post date:** [June 21, 2011, 8:23pm UTC](https://boards.straightdope.com/t/how-responsible-are-the-judge-and-prosecutors-for-these-deaths/586209/21 "2011-06-21T20:23:10Z")

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> [@Qin\_Shi\_Huangdi](#):
>
> The heinous nature of the crimes of murder and rape make it necessary that for the safety of society that no chances must be taken.

I believe the word for “no bail” is “remand”, correct? Or do I just watch too much _Law & Order_?

Except you have to prove this is the person who committed the crime. If you end up locking up the wrong person, what then?

Besides, don’t you remember what Franklin said about trading essential liberty for temporary safety?

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [June 21, 2011, 9:31pm UTC](https://boards.straightdope.com/t/how-responsible-are-the-judge-and-prosecutors-for-these-deaths/586209/22 "2011-06-21T21:31:09Z")

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> [@Roderick\_Femm](#):
>
> Honestly, I don’t know. But I think if I were that prosecutor who had had that discussion, I would be having ugly second thoughts about what happened, and maybe trying to think of a better approach for the future.  
> Roddy

But what? The prosecutor has to tell the defence what penalty the prosecutor is seeking; that’s one of the due process rights of the accused, to know the jeopardy he faces. The prosecutor can’t refuse to deal with an accused who’s been denied bail (and thus is normally considered to be less of a risk than someone who’s been detained in custody pending trial).

If the concern is that being told the sentence he faced is what sent this guy off the deep end, I don’t see how it could have been avoided.

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**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\
**Post date:** [June 21, 2011, 11:33pm UTC](https://boards.straightdope.com/t/how-responsible-are-the-judge-and-prosecutors-for-these-deaths/586209/23 "2011-06-21T23:33:36Z")

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Nah. Guilt would only apply if they knew this guy was a danger and let him out. This is also why I say that a lawyer who defends someone they know committed a crime shares the guilt if the acquitted later has criminal activity.

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