South Carolina is, I believe, the only state in the Union that allows the prosecutor to set the docket in criminal cases. Why do I mention this? Well, you know I've been preparing for a particular murder case. In fact, I've been preparing for this case since, in the middle of last month, the prosecutor told me he'd call this particular case. I wasn't completely ready, but I was ready enough. So, what do they do? They call a completely different case to trial. I've got witnesses subpoena'd. I've reviewed the jury panel with my guy. I've neglected a lot of other cases- all because the State tells me they're going to call this particular case. The kicker? The prosecutor implies to the judge- when I'm not in the courtroom- that I needed a continuance. I like the guy. Really, I do. This move was, however, not cricket. So, anyway, I've got one day to get ready for an armed robbery case. I can do it: I'm a Public Defender. Trying stuff on the fly is part of the job. Still sucks, though.
Monday, July 14, 2008
Justice or Just Us?
South Carolina is, I believe, the only state in the Union that allows the prosecutor to set the docket in criminal cases. Why do I mention this? Well, you know I've been preparing for a particular murder case. In fact, I've been preparing for this case since, in the middle of last month, the prosecutor told me he'd call this particular case. I wasn't completely ready, but I was ready enough. So, what do they do? They call a completely different case to trial. I've got witnesses subpoena'd. I've reviewed the jury panel with my guy. I've neglected a lot of other cases- all because the State tells me they're going to call this particular case. The kicker? The prosecutor implies to the judge- when I'm not in the courtroom- that I needed a continuance. I like the guy. Really, I do. This move was, however, not cricket. So, anyway, I've got one day to get ready for an armed robbery case. I can do it: I'm a Public Defender. Trying stuff on the fly is part of the job. Still sucks, though.
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Dave, reminds me of what mom told us when she was getting you ready for Kindergarten and me for pre-K. Remember? She'd straighten your little bow tie and hand me my Popeye lunch box. Remember what she'd tell us.... Boys, I want you to know two things as you go out there in this wonderful world, 1. Mommy loves you, 2. They'll f*cK you!
and she was right!
No, Silly. It was Alan Bannister's mom that used to tell us that.
There's two kinds of people in this world, so save your money.
... I always thought that was a stupid law allowing prosecutors to set the docket, you should talk to your legislator and bring that up. But what do you expect from a state that calls its prosecutors "solicitors.?"
Yeah, and soliciting is illegal in most states.
I've got to ask - how can you defend someone if you know they did it?
Not talking about any case in particular, just wondering in general.
I spent a lot of time pondering that, Kate. Short answer: it's my job. Salesman don't generally question the morality of selling stuff. Real answer: most of the people that I know "did it" end up pleading guilty. I've only tried a couple (other than DUI cases) where I was pretty sure my guy or gal did it. Here's the thing, though: it's an adversary system. If I make a decision to roll over on cases just because I know my guy or gal did it, then the system doesn't work. It's based on evidence, not opinions. A lot of the time, I don't know whether my guy or gal did it. I do what you're supposed to do, then: I look at the evidence. If it looks like the State can prove my client did it, then I'll tell him or her, "looky here, Partner, there are seven Priests, a Rabbi, two nuns and a social worker who've known you since you were two years old that are eyewitnesses against you. If you are convicted after trial- and you will be- you'll get a lot more time than if you plead guilty. You feel like telling me why you did this?". Career criminals know the math of the justice system well enough to listen to that. Sadly, it's the young not-quite thugs that aren't completely ruined that have the hardest time with this. Seventeen year-old first offender armed robbers using a b.b. gun to rob a convenience store of $75 facing a mandatory minimum 10 years at 85% service time and no parole who can't get a plea for probation or youthful offender act placement that get the worst deal.
...Oh, and Kate, SOME of my clients really didn't do it.
50 cents worth of gas? Two years for armed_robbery ? Ah, the seventies. Different times, my friends. Different times.
Mandatory minimums are beyond stupid.
and I love your titles!
Okay, but I'm not talking about whether you think they did it. You're right. That's an opinion. But whether you know they did it.
I realize the game is what you can prove. But I'm wondering about the state of mind of someone who seems to be a good man defending someone who did it and watching them go free. I'm sure it doesn't happen that often, no matter what the movies and crime tv shows tell us, but if it happened once, and you did your job, he got off, and then did it again - would you be okay with that?
Thanks, John. I won my armed robbery case today (not guilty, thankyou very much), but I'm probably going to lose tomorrow. Kid had just turned 17 yoa. No prior record. The allegation is he got less than twenty bucks. Someone in his circumstance probably ought to get five years, but, if he's convicted, he'll get at least ten and do at least eight and a half. He could get up to thirty. BTW, I referred my brother, the Amazing UltraRunner AndyMan, to your comments about how to do links. I tried to explain it, but you'd done a much better job.
Kate, I hope I'm a good person, for the most part. I try. But if I purposely tanked on a case, I would be a bad person, because my clients need to know that their attorney will try to do what's best for them. I play by the rules. I try to fight ethically for my clients, and I try to convince them to plead guilty if they "did it", but if a guilty person goes free, the person that ought to feel bad is the prosecutor. That's the way the system is designed. Family Court is a sesspool. Much worse than criminal court. Would you feel bad if you got Michael Jackson custody of his kids? Some lawyers wouldn't. I would. Would you feel bad if you represented big tobacco or shady life insurance companies destroying meritorious claims? I would. Would I feel bad if I got a killer off and he killed again? Sure, I would, but generally the system works and that doesn't happen. And remember one thing: rarely are things simple. The murder cases I get are generally drug dealers killing each other. Really. Doesn't make it right, of course, if they did it, but if that's the game that they all signed up for, then, well... It's just not black and white. Of the certainly hundreds, and probably thousands, of people I've represented in criminal cases, only a handful are BAD people. Really. I hope that my positive attitude will help them to be better. I've had a few of them tell me, years later, that I've helped them. That's what make the job best for me.
Kate, one more thing: I eventually grew to hate doing DUI cases. Why? Because most of my guys DID do it, and the only way I could win, most of the time, was to slander the (mostly) honest cops that made the arrests. Why did I handle so many DUI cases when I was in private practice? Because it's one of the few crimes that people with money commit. Bet you've even broken that law yourself. I know I have.
Oh, I think there's no question you're a good guy. And it seems you are doing your best to be a good person and a good public defender at the same time.
I agree that if a bad guy goes free, it's the prosecutor's fault.
It's important that you do what you do - for your clients and the community and country at large.
Thanks for letting me pick your brain as I sit in a hotel room and write about the lure of easy credit.
It's better than porn!
Better still: porn on credit.
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