Post a Comment On: Balkinization
"Our Criminal Justice System IS a "Guilty-Plea Machine""
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Blogger pubdefender said...

"I agree with what you say, but I'm a little irked
by how you say it. Perhaps I'm being too sensitive,
but the tone strikes me as especially hard on defense
attys.

The white knight defense atty who fights to the bitter
end is an exception not because most defense attys are
uninterested in or unwilling or unable to zealously
represent their clients, but because for the vast
majority of cases bare knuckle lawyering is unhelpful
to the client. As you note, in most cases the client is
guilty (even if of a lesser or related offense to the
actual charge) and the govt can prove it.

Exhausting every confrontational hail mary litigation
option in such a case is likely to produce a less
favorable result than focusing on mitigating the
consequences of the client's conduct, even if that
means negotiating rather than filing that novel but
almost certainly unsuccessful motion to dismiss that you
just dreamed up.

It's certainly true that there are prosecutors who are
frightened by blitzkrieg litigation (or the prospect of
actually having to work) and may make concessions they
otherwise wouldn't in the face of such an onslaught. But
(in my experience anyway) they are the exceptions, and
the strategy only works to the degree that the motions,
etc. are a credible threat, and not just nuisance filings.
I'd say the advantage enjoyed by wealthy defendants is
pretty much limited to these cases, except in those
jurisdictions with weak, overburdened, or underfunded
public counsel systems (too many, of course)."


I found the above comments from a public defender. With
public defenders thinking like that its a wonder there is
any Justice at all.  He sounds alot like the public
defender I had.  He wanted me to take a reduced penalty
and plead guilty, even though He knew I was innocent. 

I am sorry Mr Public Defender, but all accused clients
are not guilty and some of us are not willing to admit
guilt in order to avoid a long jail sentance or to make
your job any easier. It's time for public defenders to
be lawyers and start fighting for their clients rights
instead of negotiating plea agreements with prosecutors