Mike Murdock
Avenger
- Joined
- Apr 9, 2014
- Messages
- 11,229
- Reaction score
- 727
- Points
- 73
No one really brought up Laurel's Blackmail #317 this episode with the Coolieo wannabe. Now I know,a lot of you are probably law students and will probably find a loophole making what she did possible,but--I thought there was a little thing called "Probable Cause" which prevented cops from just writing down "Joe Smith just robbed a convenience store" and arresting him,when there was no evidence that Joe was anywhere near the scene.![]()
Any law student that has taken professional responsibility shouldn't defend her. What she did was unquestionably unethical. Then again, prosecutors also shouldn't go out and become vigilantes at night* so there's more than one unethical thing going on. However, under the circumstances, I'm glad she at least used her unethical actions to further her illegal nighttime activities rather than trying to pervert the court system instead.
* Defense attorneys named Matt Murdock, on the other hand, are different

I looked at it as bluffing. Not to mention cops try to use scare tactics all the time when interrogating someone so I didn't look at it any different here.
She's not a police officer. The police are allowed to do things prosecutors are not:
Rule 3.8 Special Responsibilities Of A Prosecutor
The prosecutor in a criminal case shall:
(a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause;
(b) make reasonable efforts to assure that the accused has been advised of the right to, and the procedure for obtaining, counsel and has been given reasonable opportunity to obtain counsel;
That's all that's needed right there. No need to go into the others. Threatening to charge a crime the prosecutor doesn't believe has probable cause is enough. Frankly, prosecutors shouldn't be leading interrogations, but quite a few break that rule (including some high profile New York ADAs on big cases over the years).