If we had, say, shot a violent criminal in self-defense and wound up charged with murder, we’d all stand up righteously and demand a trial, right?
It’s easy for us to say. We’re not looking at a choice of life sentence without possibility of parole and an anticipated defense lawyer fee in six figures as the only options in front of us, for real.
I understand plea bargaining. When I was a police prosecutor (in that state, we could prosecute violations and misdemeanors on our own without an actual attorney doing the prosecution) plea bargaining was my friend…as it was for the defendants. Over 90% of criminal cases are plea-bargained without going to trial. Not coincidentally, I’m convinced that a high 90th percentile of those charged are in fact guilty as charged or at least, guilty of a lesser included offense.
It’s that small percentage of the innocent, wrongfully accused that has been known to keep me up nights.
Here, published about a year ago, is an article on the topic from NACDL, the National Association of Criminal Defense Lawyers, where I had the privilege back in the day of serving for two years as co-vice chair of their forensic evidence committee. I hope you find it of value. I did.
To get an idea what it costs to raise a middle finger to the plea bargain when you in fact did the right thing and went to trial, review this.
Unfortunately, this has led to many people being overcharged for crimes they may or may not have committed. When faced with the prospect of being locked away from family for decades and/ or financial ruin, it is indeed difficult for even an innocent person to refuse a plea deal. The prosecutor records another “win” and furthers their political aspirations.
We need some way to rein in rogue prosecutors without crippling their ability to deal with actual criminals. Voltaire may have had the best solution.
Perhaps if overcharging was itself a felony, that would restore some balance.
Unfortunately, Mark, the very nature of any bargaining is one side starts high, the other low, and they meet in the middle.
Sgt. Billy Anders of NM comes to mind as well.
Having read both of the linked articles, it is clearly no accident that the statue of Lady Justice above is not blind.
I believe the whole system is corrupted and needs to be changed or replaced.
There is no fairness in convicting an innocent. “Better 100 guilty men go free than imprison one innocent.”
Is the system corrupt, or is it a decent system, with corrupt individuals in it?
Mas,
I really enjoyed reading, “The Furtive Moment.” It was clearly written. I could understand every word, and in my mind I could see what happened, because you related the details so well. Often, after hearing about a shooting, I have a lot of unanswered questions, but not after reading this excellent piece.
Notice how several government agencies agreed that this was a justified shooting, but then a federal civil rights attorney gets to go on his own, taxpayer-paid-for, hunting trip for the sheriff’s deputy. Why didn’t the judge throw the case out? It was obvious the attorney was not seeking justice, but was seeking to make law enforcement look bad. Unlawful orders need to be disobeyed, and domestic enemies masquerading as government workers need to be resisted. As Mas wrote, this was an ” . . . unnecessary nightmare . . .”
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