You have missed the point 100%. My actual point was that when I had no statistics I had a vague “gut feeling” that suggested to me that almost no priests were molesters ('cause that’s gross) and only a few people drove drunk late at night ('cause it’s illegal). That was without recourse to stats. Now that I’ve seen some stats, my “gut feeling” is better informed and I am much less likely to doubt either proposition as a general or specific possibility. So – stats led to making me a better risk evaluator.
Wow, this is off base. There is no “plaintiff” in a criminal case. The “party” he represents is the People of North Carolina. The people have an interest in seeing criminals indicted and prosecuted and an equal (actually, stronger) interest in seeing non-criminals not subjected to the coercive power of the state. The prosecutor is not an advocate for the complainant; the Ethics Rules I posted ages ago are quite clear on this. And the complainant is not a party to the case at all; she is at most a witness. This is pretty fundamental.
I’ve explained to you before that under the discovery rules, and unless defense counsel are lying (which no one’s caught them doing yet), the prosecution is obligated to reveal and has revealed to the defense, and the defense to the public, essentially all relevant inculpatory or exculpatory evidence. If Nifong has some “evidence” he hasn’t turned over, then he’s in violation of the discovery rules and for that reason alone needs to step down. Of course, there is no hidden smoking gun evidence.
If they did not do it, then she committed a crime. Right now, it does not seem so unreasonable to focus the rights of the people who’ve been indicted and jailed, despite having a consistent story, vis a vis the rights of a person who faces no current penal liability and has a much shakier account of things.
And anyway – I am not “defending” them, I am advocating for a process of prosecutorial discretion that was not applied here. You do realize that our system has (or is supposed to have) a bias built in to protect the rights of defendants, right?