Earlier quoted context omitted.
Got a more specific reference? I'd like to hear that.
https://serialpodcast.org/
I meant more specific within the series, like a timestamp.
Detroit’s Indigent Defense System Fails Poor Defendants
61–67 of 67 posts
Re: Detroit’s Indigent Defense System Fails Poor Defendants
#62“Probably 95 percent of the people that are charged with something are guilty of something,” she asserted. “They may not be guilty of what they’re exactly charged with, but they may be guilty of a lesser offense, okay? … And you have probably 90 percent of those people who are looking for the best deal possible.” What a disturbing quote and very telling about the state of our justice system.
> “Probably 95 percent of the people that are charged with something are guilty of something,” she asserted. “They may not be guilty of what they’re exactly charged with, but they may be guilty of a lesser offense, okay? … And you have probably 90 percent of those people who are looking for the best deal possible.” > What a disturbing quote and very telling about the state of our justice system. Yeah, why are we char…
>Yeah, why are we charging so many innocent people with crimes?
Votes. Prosecutors/Judges/etc. (depending on jurisdictions in the states) in the states are all about votes based on "being tough on crime". They depend on the police to get the people into the system and they take care of the rest.
The staggering amount of people being found innocent[0,1,2] is very telling about how the core righteous retribution drive of the system is damaging: It doesn't really matter who gets served on a platter for 'x' as much as it is that at least that someone is served on a platter.
Seemingly, they would rather put an innocent person up than to not have anyone served-up for judgment for a crime.
[0] - "*...a conservative estimate is that 1 percent of the US prison population, approximately 20,000 people, is falsely convicted." https://archive.fo/mKriP
[1] - https://archive.fo/ImQPL
[2] - https://archive.fo/wqBm3
Re: Detroit’s Indigent Defense System Fails Poor Defendants
#63Earlier quoted context omitted.
This is, so far as I can tell from following legal news, very very very common[0]. [0] Examples: https://twitter.com/Popehat/status/1090313239995400192
I'll take a look at them, but given the sheer number of cases judges see across the country every day, and the fact that such Twitter user "Dumb(Stupid}Hat" would probably not post the ones that are doing their jobs ethically and professionally, I don't see how this implies this is very very very common.
> and the fact that such Twitter user "Dumb(Stupid}Hat"
"Popehat" is a well known attorney, Ken White[0]. If he felt something was indicative, I would certainly believe him.
With that said, I don't know that he's trying to say that it is indicative so much as highlight interesting war stories.
Re: Detroit’s Indigent Defense System Fails Poor Defendants
#64Earlier quoted context omitted.
https://serialpodcast.org/
I meant more specific within the series, like a timestamp.
https://serialpodcast.org/season-three/2/youve-got-some-gaul...
Probably about halfway through the episode, maybe a little further.
Re: Detroit’s Indigent Defense System Fails Poor Defendants
#65Earlier quoted context omitted.
It's a poor assumption that violates due process and presumption of innocence. Applying the assumption makes our current justice system act in the manner that is similar to some of the original complaints of American revolutionaries about British colonial rule.
I think there are two distinct questions that you are co-mingling. The first is, do police only arrest (and prosecutors charge) people when they have strong evidence that they committed the crime? I think the answer is, "Yes, most of the time, in many districts" - but not all of the time, and not in all districts. The second question is, "Should the court system act like the police only arrest guilty people"? And the…
No the question of due process applies to who, how, and when the police decide to arrest people too. They should be expected to strongly apply due process and the presumption of innocence too. It's too easy to give police and prosecutors a pass on misbehavior if we characterize their primary responsibilities as focused on catching the criminals.
Re: Detroit’s Indigent Defense System Fails Poor Defendants
#66Re: Detroit’s Indigent Defense System Fails Poor Defendants
#67Earlier quoted context omitted.
There's a podcast, by the name: 'Serial', in season two they go into regular courtrooms with non-fancy cases - fights, etc. In one episode after the defendant has been found not guilty, the judge presiding over the case berated them for not accepting a plea deal, and wasting the court time. This is after the person has been found not guilty.
Is this typical in a normal court/with a normal judge? Or is this scenario an outlier?
The whole season is to see typical courts and judges. This is just the most shocking thing that happened which I could tell in a short time, but there was some racism coming from judges, there is complete indifference throughout, they also speak of difference between paid and public defense attorneys.
I think it's best to not get fixated on that one event, and listen (if you listed to podcasts) to the entire season, which is apparently season 3, not 2 as I thought.