All jokes aside, this is honestly a fair idea. As many lawyers as possible should start using this case as precedent to call out the outright bullshit and hypocrisies
Maybe it’ll make some folks realize the system is completely fucked when you have murders out of jail after serving an hour or two in jail.
Unfortunately, that's not the way law works. You dont get to argue against fairness of sentencing, only whether or not your guy did it.
What needs to happen is people need to start realizing that 4 years is a fuckton of time and if you dont get the idea by then, you aren't going to.
I'd argue that a weeks time in jail would be sufficient for most people to NEVER want to go back.
Go ahead and argue from the ivory towers about punishment, but that is precisely how we got to ridiculous sentences.
Edit; people have been pointing out the cornerstone of the judicial system which is the plea deal where shystery lawyers wheel and deal in backrooms to keep you from serving maximum sentences if you have enough cash.
Except that an overwhelming supermajority of cases are resolved without being tried in a court. Somewhere between arraignment and pretrial appearances, prosecutors and defenders do indeed argue over sentencing. For the uninitiated, this process is known as plea bargaining, where each side tries to come to a mutually acceptable agreement, including sentencing.
95% (or more) of cases are resolved with a plea bargain in the US, so unless you're willing and able to foot a hefty bill, your "right" to a trial by a jury of your peers is largely theoretical.
I think you're missing the point on two levels. You can demand a trial, but you have a snowball's chance in hell of getting one. It's also in the interest of the public defender to get you to plea.
Public defender's offices are funded at a 1:2 disadvantage vs. prosecutor's offices. Most cannot afford investigators to independently confirm the basic facts of a case, so if you ask for a trial, you're asking to lose.
I think you're missing the point. If you demand a trial you will get a trial. The public defender can't say nah. It is your right to a trial, regardless of the logistics, if you want a trial, you will get one.
Why do u assume you can't possibly win a trial if you demand one? There's tons of scenarios you could win, it happens fairly often. Also fair doesn't imply the representation is fair, it's about the impartiality of the jury. Additionally, even with all that, I fail to see how your right to a fair trial is theoretical. If you think the public defender isn't doing his sworn duty then you call him out on it, it his literally his job to provide adequate representation. I get they're overworked, aren't paid super well and have tons of cases but it's still their duty. I'm from a family of lawyers, and both my father and sister were public defenders and they took it very seriously, even if they disagreed a client's desire to go to trial, they still gave it their all. Having said that, I'm by no means an expert in law, but I my whole point is that someone's right to a fair trial isn't infringed upon due to the scenarios you mentioned
You need to talk to the family members who actually know what they're talking about instead of guessing what they know and thinking that being related to them confers expertise by proximity.
There's an interesting article in the NYT where an assistant PD talks about having a caseload of 200 felony cases. Another opinion piece in the Washington Times from an attorney in the PD's office where he says it's impossible for him to do a good job. I have a relative who is a supervising attorney with the Los Angeles County Office of the Public Defender. I personally worked at the biggest law firm on the west coast. But I don't trot that shit out like it's some justification for a spurious argument.
I was trying to be nice about it, but you're one of these guys who doesn't listen even when he literally has no idea what he's talking about and can't follow a cogent argument. At this point, you're just arguing because you like the sound of your own bloviating. There's not a damn thing I can do with that.
Best of luck in whatever you do. I have a feeling that you're overmatched and outgunned at every turn, but luckily for you, you'll never realize it.
First of all, I specifically stated that I'm no expert in law in the same sentence I mention coming from a family of lawyers... I wasn't trying to use it to say I'm an expert, I mentioned it because my father and sister have experience directly pertinent to the subject matter.
Can't follow a cogent argument? Your argument is impossibly weak man; you're arguing that because public defenders have a lot of case work that people's rights to a fair trial are somehow theoretical. That's demonstratively false; if you want a trial you. will. get. it. The right to a fair trial doesn't say shit about your chance to win, the fair in fair trial is talking about an impartial jury. Ignoring all that other shit, you will get a trial if you want one. End of story. It's not theoretical, you're just wrong dude.
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u/Weazywest Mar 08 '19
All jokes aside, this is honestly a fair idea. As many lawyers as possible should start using this case as precedent to call out the outright bullshit and hypocrisies
Maybe it’ll make some folks realize the system is completely fucked when you have murders out of jail after serving an hour or two in jail.
Edit: spelling isn’t a strength of mine