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Rolling The Dice, As A Prosecutor

By Brian Tannebaum

This morning's Miami Herald brings us a story that is the perfect example of why all of us should be mindful of the power of prosecutors.Norman Borden was charged with murder for killing two of three men in a Jeep that tried to run him down while he was walking his dog. He shot his gun five times through the windshield, then moved to the side of the vehicle and fired nine more rounds.From the Herald: "He thought the shooting was self-defense, but a prosecutor put him on trial in the deaths, despite a new Florida law that grants wide latitude to people using deadly force to protect themselves."In Borden's case, a prosecutor filed charges against him, even though he privately thought Borden might have been correct to open fire. Kentucky Judge Sheila Isaac, said about the no-duty-to-retreat law in Kentucky similar to Florida's "You just don't see cases where people are prosecuted when they are defending themselves,"Oh...continue to full post

Full post as published by Criminal Defense on July 15, 2007 (boomark / email).