Unless I'm mistaken, we still do not have a castle doctrine. 278 SS 8A is the only defense we have, and that's a thin defense because it allows for the home owner to still be prosecuted...
General Law - Part IV, Title II, Chapter 278, Section 8A
Never happen.
Remember, DAs are essentially special cops with more rights.
And while we have some protection in a criminal sense, we have ZERO protection in a civil suit brought my Mom, or any other dirtbag related to the bad guy. Don't ever forget that part.
IANAL.
![[smile]](/xen/styles/default/xenforo/smilies.vb/001.gif "Smile [smile]")
Nope. First, DAs are not cops by any means. Second, DAs really don't have that many "rights."
Up until recently, Mass ADAs and CPCS public defenders were often the lowest paid people in the courtroom, about $37-44k. Now both make around $60k starting salary with not much benefits. For example, CPCS attorneys don't get their parking expenses covered and work in buildings that don't come with parking lots. The article below is from 2018 and I know CPCS attorneys got a salary bump up to $60k since then.
Salary boost helps retain Massachusetts prosecutors
To give context, both RI and NH public defenders have been making $60-62k for some time now.
State of Rhode Island: Transparency: State of Rhode Island - Purchasing Bids
https://www.glassdoor.com/Salaries/...efender-salary-SRCH_IL.0,10_IM522_KO11,36.htm
Cops start at around $50-60k, depending on the area of Mass. Cops are union, so they get benefits like a "company car", dry cleaning expenses, and a bunch of others. Depending on the town/state, obviously. So think about it this way: someone with an associate's or a bachelor's is paid about the same as a lawyer. Why? Cops are union and Dems love the unions and Republicans love cops. Thin Blue Line, Blue Lives Matter, etc.
Occupational Employment and Wages for Police and Firefighters in Massachusetts’ Metropolitan Areas – May 2013 : New England Information Office : U.S. Bureau of Labor Statistics
Membership benefits, Boston, MA | Massachusetts Police Association
That and prosecutors can be easily thrown out of office once there's a change due to elections. This doesn't happen in Mass so much because DA elections are not heavily contested. In RI, however, all prosecutors work for the Rhode Island Attorney General. With the new AG elected in the last election (previous one was term limited), a lot of the old prosecutors and staff got thrown out. And unlike cops, no one cares if prosecutors lose their jobs. Imagine what people would say if old cops (with pensions!!! they'll lose their pensions!!!) got thrown out due to a new chief being hired.
Nesi's Notes: Dec. 8
Now if you mean DAs have more discretion than cops in charging, I'm going to still have to say no. First, have you ever read police reports? Most have scant facts in crucial areas and the writing is a lot of passive voice and just weird lingo. Cops don't walk and see, they "proceed" and "came upon" evidence. Second, the cops chose what charges to bring and then hand the cases over to the DAs. The notion of a rogue DA charging people without an arrest is the exception, not the rule. Third, about 90-95% of criminal cases plea bargain out, so most of what happens is overcharging of charges and pleaing-out to a lesser offence. Finally, at the end of the day, most crimes are prosecuted by rookie/low level prosecutors rather than the head district attorney in an office. Those people answer to their (elected) boss.
As for the guy being prosecuted in OP, New York's going to New York. There's no concept of freedom there.
