Posted on 08/30/2018 7:39:42 PM PDT by TBP
In the United States, people are supposed to be considered innocent until the government proves its case beyond a reasonable doubt in a courtroom. But with plea deals, there’s no standard of evidence, no proof.
The Constitution’s guarantee of a fair trial is disappearing.
“Federal criminal defendants are being coerced to plead guilty,” cautions the nonpartisan National Association of Criminal Defense Lawyers. “There is no more heart wrenching task than explaining” to an innocent person that “they must seriously consider pleading guilty or risk the utter devastation of the remainder of their life.”
Yet flipping has plenty of supporters. Peter Zeidenberg, a former federal prosecutor, claims it’s “fundamental to the process.” Without the threat, prosecutors wouldn’t get defendants to provide information about other possible targets of investigation.
But how credible is that information if it’s extorted from a terrified defendant to save his own neck? Prosecutors have total discretion to send a letter to the sentencing judge urging no jail time at all for defendants who tell prosecutors what they want to hear. Defense lawyers caution that this practice “entices defendants to embellish the facts or even lie.”
(Excerpt) Read more at nypost.com ...
Using the legal system and government resources to combat political enemies. Just like Obama did.
Better a year in prison with a plea to a non-crime or to a crime that didn’t happen than a lifetime of penury trying to pay off the legal bills. it is the State’s version of suing you into bankruptcy.
Regardless of your actual guilt or innocence - if you are arrested and charged with a major crime - it gets tempting to take a “plea” to a much lesser charge when confronted with a prosecutor who is a terror...
It can get this bad: “We’ll stick you in front of a jury that will convict any Republican still breathing — unless you tell us what you really know about Trump. You say what you would be tried for is not even a crime? Tell it to the Obama-appointed judge and court of appeals.”
It can get this bad: “We’ll stick you in front of a jury that will convict any Republican still breathing — unless you tell us what you really know about Trump. You say what you would be tried for is not even a crime? Tell it to the Obama-appointed judge and court of appeals.”
This is the way they work their way up the chain. But if you've been working for the Mob, it's not advisable to cooperate with the prosecution.
States should not be allowed to flip. If they voted for Trump before, they must stay in that column.
Or if you don’t have the financial resources of the Feds.
You know: other peoples unlimited money.
It’s not just flipping that is the problem. Prosecutors “throw the book” at suspects, charging them with multiple counts of crimes in order to coerce them into accepting a plea. If you are facing 20 years if you lose, or 1 year to accept a plea, plus the expense and emotional toll of a trial, well, 9 out of 10 people take a plea. Sure, many or most are guilty of something. But they pile on every conceivable charge. The politics of Prosecutors - they want high win/conviction rates to please their boss and their boss wants high conviction rates to run for re-election or higher office. IMO it’s abusive. If every suspect refused a plea deal it would grind the judicial system to a halt. They couldn’t possibly hold that many trials, not just logistically but mentally a prosecutor simply could not keep up with all the evidence, witnesses, testimony etc for 1000 trials each and every year. So they coerce most into copping a plea.
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