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second chance and nolle prosequi is one avenue whereby you can do that. And I point out, as far as nolle prosequi goes, that’s also a motion made by the commonwealth but it has to be approved by the judge. The court is the one that actually orders the case nolle prosequi.”
—I understand that the commonwealth, as of July, has to state the reasons for nolle prosequing a case. Do you think this is a step in the right direction?
Luke: “It’s a requirement of law, you’re correct. It’s a good idea anyway. And most of the time when I’ve been in court, the commonwealth attorney has been stating a reason when he nolle prosequis a case. That’s always been a standard practice. I think any attorney would give the court some reason and I’d certainly follow that.”
—How would you reduce the number of nolle prosequi cases?
Luke: “The basis of all prosecution is sound police work. And if you have a program, which I would intend to institute, whereby you work with the State Police and with the Sheriff's office in keeping them as well educated as you can—and I know that they have their own education programs, especially the State Police—but the law is very technical and very difficult in a lot of these areas of search and seizure and the collection of evidence. I think it’s a good idea to have a commonwealth attorney who can pass along to the deputies and the sheriff new developments in the law and
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