Tax evasion is a crime too. It's not like Capone was framed on a pretext -- he couldn't be prosecuted for murderr and extortion in Chicagoland, where he controled the Mayor, the police and the judiciary, and he really didn't pay his taxes. In those days that was very close to the only way he could be stopped.
Prosecutors charge defendants on various bases, one of which is the ease of a conviction. (Normally involving a plea in 99% of cases.) In the few cases that go to a jury trial, the sentencing involves relevant conduct, induding ant violent acts and crimes the dealers may have committed. Moreover, the evidence presented to the jury will involve telling a story; if the defendant is a violent thug, this will typically emerge and influence the verdict.
I'm a defense lawyer and I am not happy about about the use of relevant conduct in sentencing or to influence the outcome of the rare jury trial. But it is as old as the common law and it is not going away.
--- Jordan Hayes <jmhayes at j-o-r-d-a-n.com> wrote:
> > still many people
> > charged with drug crimes are actually dangerous
> and
> > violent criminals.
>
> Er, if they are actually a dangerous and violent
> criminal, they ought
> to have been charged with an actually dangerous and
> violent crime? Or
> are you saying you'd convict on an undangerous and
> unviolent crime just
> to get them off the streets? You know, the old Al
> Capone tax evasion
> deal?
>
> And I thought I was the cynical one around here.
>
> /jordan
>
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