Wednesday, September 21, 2011

9/21 Court Watchers Tom Hasty

This week in the Justice System:

Everyone thinks about the justice system as how they see it on Law and Order, or JAG. But the reality is that the justice system is a decently well oiled machine. There are no demon lawyers (for the most part) in the criminal justice system. Prosecutors and defense attorneys participate in mediations, which are basically a back and forth determining facts and degree of punishment. Public Defenders do a very good job to get their clients the best possible outcome, while state attorneys do the best for society as a whole. State attorneys are governed by guidelines to which they must abide in respect to suggested sentencing. There is a lot of wiggle room within those guidelines. For example, possession of cocaine is a federal offense with a minimum mandatory of a year. The maximum could be 10 years depending on the facts in the case. The degree to which a state attorney would pursue guidelines is determined upon various factors such as cooperation, severity of the crime, likelihood for the defendant to become an HO, or Habitual Offender. In a given day the Judge may hear about 40 cases in a New Orleans court. So, the idea that every case will be tried or even has the potential for trial is false. Whether it is fair or not, most cases are grounded on solid facts, therefore defendants who wish to take their cases to trial are very misguided. Also, jurors tend to the throw the book at defendants as opposed to the PD's and SA's trying to resolve the case for the best possible outcomes.

Bottom Line:
Take the plea.

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