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Old August 8, 2014, 10:32 AM   #9
jbrown50
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Join Date: December 4, 2004
Posts: 96
Quote:
Do you know the specific argument for why the case was argued to be dismissed?
The argument was that she did not intend to break the law and it's obvious that she didn't intend to do so. Intent is a good reason to dismiss the case but the Judge, with staunch influence from the prosecutor, chose not to.

The prosecutor's main reason for ignoring intent, and not allowing leniency, is to use her as an example for others who might do the same thing. I doubt that making someone, who did not intend to break the law, an example is a legitimate reason for furthering prosecution.

Should she have known better? Yes. Did she intend to break the law? No.

I've lost track of how many times I've brought a case for a criminal charge with plenty of evidence before a county/city commissioner's office and they refused to do anything stating lack of intent, unless....... there was a gun involved.

This NJ prosecutor is playing politics and his target is PA's gun carry laws.

Judges and prosecutor's are allowed to use discretion but too often politics are put above common sense. There's a big problem when the law is deemed to be more important than the people it's intended to protect.
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