As a child, I watched the Wide World of Sports on ABC. Like others, I loved the introduction – “the thrill of victory and the agony of defeat.” Who can forget the iconic ski jumper falling sideways off the ski jump, crashing and tumbling. Pain. Hurt. Disappointment. In the criminal justice system, prosecutors can appeal rulings that they don’t like – when evidence is suppressed, police are adjudged to have broken the law or when a charge/case is dismissed. I’ve watched client’s jump for joy, elation and relief when the charges are dismissed or evidence suppressed. I’ve watched as client’s have the proverbial rug pulled out from under them when the prosecutor appeals and tries to reverse the ruling. It is cruel.
In this episode, I explore and discuss this phenomenon. As I said, when prosecutor’s appeal, it is not appealing.