Federal Judge speaks out against our current system -

[Colorado_Outback]

Thought this would interest some given the conversation about deals/plea bargains in the 2nd elk shooting thread.

http://www.cato.org/blog/federal-judge-says-thousands-innocent-americans-behind-bars

"'Today, only 2 percent of cases in the federal system go to trial, and 4 percent of cases in the state system go before a jury. As a result, accepting a deal from prosecutors — despite one’s guilt or innocence — has become a common choice for individuals accused of a crime.

"Plea bargains have led many innocent people to take a deal," Rakoff said. “People accused of crimes are often offered five years by prosecutors or face 20 to 30 years if they go to trial. … The prosecutor has the information, he has all the chips … and the defense lawyer has very, very little to work with. So it’s a system of prosecutor power and prosecutor discretion. I saw it in real life [as a criminal defense attorney], and I also know it in my work as a judge today” …

Until extraordinary action is taken, Rakoff said little will change.

“We have hundreds, or thousands, or even tens of thousands of innocent people who are in prison, right now, for crimes they never committed because they were coerced into pleading guilty. There’s got to be a way to limit this.'”

[rbeau30]

Yup.

There are so many other "catch all laws" as well thst even if you didn't do anything wrong, they can still get you for something. The prosecutors know this.

[ben4372]

Adam Carollla was just talking about this sort of thing. He was talking about judges working for the same group that is trying to enforce laws. He compared it to two sports playing and the ref is on one of the teams. The competitor and the ref being payed and working for the same goal (money or control) have a distinct advantage over a gut who has limited time and money. Made me think about how much they spent to prosecute Tommy Chong. I think they spent 11 million or so. Who can fight that. Who would risk that fight ? He lost.

[lowbeyond]

You are all guilty of something.

Enjoy your freedom and liberty on the shining light on the hill

Snicker

[kidicarus13]

You are all guilty of something.

So just like basic training... keep your head down and don't make eye contact. You DO NOT want the attention of law enforcement or a overzealous prosecutor.

[MrPrena]

Many might disagree with me, but I agree with the statement.


Thought this would interest some given the conversation about deals/plea bargains in the 2nd elk shooting thread.

http://www.cato.org/blog/federal-judge-says-thousands-innocent-americans-behind-bars

"'Today, only 2 percent of cases in the federal system go to trial, and 4 percent of cases in the state system go before a jury. As a result, accepting a deal from prosecutors — despite one’s guilt or innocence — has become a common choice for individuals accused of a crime.

"Plea bargains have led many innocent people to take a deal," Rakoff said. “People accused of crimes are often offered five years by prosecutors or face 20 to 30 years if they go to trial. … The prosecutor has the information, he has all the chips … and the defense lawyer has very, very little to work with. So it’s a system of prosecutor power and prosecutor discretion. I saw it in real life [as a criminal defense attorney], and I also know it in my work as a judge today” …

Until extraordinary action is taken, Rakoff said little will change.

“We have hundreds, or thousands, or even tens of thousands of innocent people who are in prison, right now, for crimes they never committed because they were coerced into pleading guilty. There’s got to be a way to limit this.'”

[merl]

So just like basic training... keep your head down and don't make eye contact. You DO NOT want the attention of law enforcement or a overzealous prosecutor.

Pick up that can

[theGinsue]

This is why I find the statement "if you've got nothing to hide..." to be laughably naive. Whether most of us know it or not, we've ALL got something to hide.

If LE is interested enough in you, they will find something to charge you with which will stand up in court. You don't think every one of us could be convicted of something? Think again. As someone already stated, there are a ton of catch-all laws, many most of us have never heard of. I try to live a good, clean, law-abiding life but I learned many years ago not to delude myself into believing that I couldn't be just another statistic.

[rbeau30]

This is why I find the statement "if you've got nothing to hide..." to be laughably naive. Whether most of us know it or not, we've ALL got something to hide.

If LE is interested enough in you, they will find something to charge you with which will stand up in court. You don't think every one of us could be convicted of something? Think again. As someone already stated, there are a ton of catch-all laws, many most of us have never heard of. I try to live a good, clean, law-abiding life but I learned many years ago not to delude myself into believing that I couldn't be just another statistic.



Menacing (18-3-206)



A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 3 misdemeanor, but, it is a class 5 felony if committed:
(a) By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or
(b) By the person representing verbally or otherwise that he or she is armed with a deadly weapon.

Here is one of them. Imagine being in your own front yard. Threatened by someone who drives up to the curb in front of your home, and because YOU don't back down and retreat but have words with this individual. He goes and tells the police that HE was afraid? Bam! you are now convicted.

[theGinsue]

Rbeau, I know about being accused of menacing first hand. For nothing more than standing in my own front yard - and not even interacting with anyone.

[rbeau30]

Rbeau, I know about being accused of menacing first hand. For nothing more than standing in my own front yard - and not even interacting with anyone.

You can sit there in trial and defend your ass all you want against it... and if the scumbag sits on the witness stand and says nothing but "I was afraid" you are getting hemmed up. I know... I fought it in trial and lost.

I have Police reports saying he admitted to a detective he lied. no help.



What is referenced in the thread about what Rackoff said in my mind and perspective is true. I think it is all about generating revenue and padding the DA/prosecutor/City Attorneys' resume. The judicial system has NOTHING to do with justice.

[Clint45]

I know of a guy who refused to take a plea bargain and the judge forced it on him, saying "You confessed to breaking the law and I'm not wasting the court's time and money on a jury trial, so I'm accepting a plea of guilty and you can't appeal." Appointed attorney said nothing, transcript went "missing," and that was that. Rural one judge county in another state with zero judicial oversight.

[rbeau30]

I know of a guy who refused to take a plea bargain and the judge forced it on him, saying "You confessed to breaking the law and I'm not wasting the court's time and money on a jury trial, so I'm accepting a plea of guilty and you can't appeal." Appointed attorney said nothing, transcript went "missing," and that was that. Rural one judge county in another state with zero judicial oversight.

Sounds like when the video of my questioning went "missing" when the detective went way off on a tangeant that had nothing to do with the issue at hand. I even asked for it during discovery. City Attorney's office said, "I'm sorry the Aurora PD does not have the video of your interview.