5 votes

Everyone against us

2 comments

  1. Hobofarmer
    Link
    The stories I see portrayed here match ones I've heard of first hand. It is not hyperbole. I'm glad that there are those who are willing to fight against, and for, the system. I wish that we had...

    The stories I see portrayed here match ones I've heard of first hand. It is not hyperbole. I'm glad that there are those who are willing to fight against, and for, the system. I wish that we had more good people like this in other positions of power to support them.

    5 votes
  2. skybrian
    Link
    From the article: [...] [...]

    From the article:

    Being a public defender may be unrewarding in terms of both pay and respect, but it is a noble calling. Protection of the accused isn’t charity. It’s necessary because of the possibility of mistakes, farcical legal processes, and the weaponization of false accusations. For public defenders, it’s a special badge of American pride to work for the government and against the government at the same time. We work to try to counteract state abuses; that’s our contribution.

    [...]

    The most intense pressure that ate at me as a criminal defense attorney came from the split in reality that occurred depending on whether I won or lost a trial. It strains every boundary of expression to attempt to describe the difference between incarceration and freedom, and it defies all reason to consider just how thin the line can be. Especially if I thought I should win, defeat was devastating. Crying on the floor of the lockup is not a good look for any lawyer, but I’ve been there, and I can promise you I’m not alone.

    Most cases simply never get to any kind of hearing or trial due to plea agreements. Among the cases that do, there is an old unwritten rule floating around Cook County defense practitioners: Take winners to a bench, take losers to a jury. “Heaters” — cases with intense public pressure — usually have to go to juries. And there are times when judges will tell the defense attorney, either point-blank or via hints, that he or she will not get a good outcome from them and should not try a bench trial.

    The inverse is known as a “jury tax.” I’ve also heard it referred to as the “asshole penalty.” Judges have been known to sentence defendants more harshly after a jury loss than they would have if the defendant pleaded guilty.

    [...]

    For a very high portion of PD investigations, it’s absolutely critical to just go check. Check the details of the narrative that the police have laid out, and check what the defendant tells you. Go to the scene and observe the physical layout to view sightlines, lighting, cameras, distances, and see what else isn’t in the reports. People might be surprised to learn just how often the defense finds some evidence to suggest that the police “clean up” their cases with exaggerations, simplifications, convenient omissions, and outright lies.

    4 votes