tag:blogger.com,1999:blog-2925765946042638459.post5223962219000922774..comments2024-03-18T02:22:56.392-04:00Comments on Disgusted Beyond Belief: Plea Bargain of an InnocentDBBhttp://www.blogger.com/profile/17805375811782552873noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-2925765946042638459.post-61352980058057565262009-07-22T08:52:28.350-04:002009-07-22T08:52:28.350-04:00armagh444, I'm glad I inspired you to write, s...armagh444, I'm glad I inspired you to write, since I enjoy it when you do...DBBhttps://www.blogger.com/profile/17805375811782552873noreply@blogger.comtag:blogger.com,1999:blog-2925765946042638459.post-5447398965286151872009-07-16T22:24:01.442-04:002009-07-16T22:24:01.442-04:00Well, I started to respond, and then realized that...Well, I started to respond, and then realized that this topic needed <a href="http://truenorth-armagh.blogspot.com/2009/07/oh-but-innocent-people-are-never.html" rel="nofollow">it's very own post</a>.armagh444https://www.blogger.com/profile/07082915043493514495noreply@blogger.comtag:blogger.com,1999:blog-2925765946042638459.post-73282622584886756142009-07-14T12:08:53.216-04:002009-07-14T12:08:53.216-04:00Ultimately, it is one of those insane practices ta...Ultimately, it is one of those insane practices taken as normal in a broken system. <br /><br />Perjury is a serious crime - well, except when it is done on a routine basis to keep the docket moving. <br /><br />Bribing a witness is a serious crime - well, except when you are a prosecutor and the bribe is a reduced charge in another, unrelated case. <br /><br />And so on...DBBhttps://www.blogger.com/profile/17805375811782552873noreply@blogger.comtag:blogger.com,1999:blog-2925765946042638459.post-32261195878324304932009-07-14T12:00:34.348-04:002009-07-14T12:00:34.348-04:00If you know your client is innocent, but think he ...<i> If you know your client is innocent, but think he or she will still be convicted, or at least might be, how can you let them allocute to guilt under oath?</i><br />.<br />Good question. The first being, how do I know they are innocent? Because they say so? Because I have some evidence indicating they are innocent? Because I have incontrovertible proof?<br /><br />Who am I to determine the innocence of my client? I agree with the dissent in the case in the article—that determination is made by a judge or jury. Not me. I am in no position to make the sole determination—often with limited facts—as to their guilt or innocence. To be honest, I never even ask myself the question. <br /><br />Secondly, the system is comprised of people. And therefore will inherently have faults. Prosecutors tend to overcharge—accusing a person of more than what they actually did. An Assault & Battery is charged as Felonious Assault. A Felonious Assault is charged as Assault with intent to do GBH. A GBH as Attempted Murder and so on. Do we allow our client to face a possible OVERcharge in a trial?<br /><br />Our system relies upon the plea bargain. Like it or spike it, due to the crimes committed and resources available, to keep the system from coming to a grinding halt, we cannot have a trial on every case. Which means my client may plea to a lesser charge than what they actually committed. <br /><br />The idea being we give them a better deal than they might have if going to trial.<br /><br />But let’s use a real life example. This happened last week. My client was charged with not stopping at a stop sign. A 3-point ticket. (The points on your driver’s license, in Michigan, if too many accumulate can cause suspensions and even revocations. More importantly, insurance companies use them to determine rates.)<br /><br />The prosecutor offered me a Limited Access Speeding. This is a speeding ticket of 5 mph or less over the speed limit on a highway. Humorously enough—there are no highways in this jurisdiction. An impossible ticket to get. BUT—it has 0 points. <br /><br />I recommended my client plead “Responsible” to a 0-point ticket (they were absolutely innocent of this infraction) to avoid the extremely great possibility of getting a 3-point ticket.<br /><br />Is that suborning perjury? If yes—then I don’t know of a criminal defense attorney who hasn’t done so. We won’t have any left. If no—where do you draw the line of acceptable in plea bargains?DagoodShttps://www.blogger.com/profile/04557451438888314932noreply@blogger.com