Question about American justice system

[Arnfinn Madsen]

In US you have a system of plea bargain. Does it function well?

[jaxmike]

Considering our court systems are overburdened yet the Democrats in the Senate refuse to do their job of advice and consent because Republicans have nominated minorities to judgeships I would say yes.

[kurto]

LOL.

You could post, "what is your favorite flavor of ice cream" and Jax would somehow respond by insulting Democratics, praising Republicans and then making out with a photo of Ann Coultier.

[Felix_Nietsche]

Yes the USA has plea bargaining/

Plea bargaining saves the country big$$$ by minimizing the cases that go to trial. The problem with plea bargaining comes from the District Attourney Offices (DA). These are lawyers who prosecute. These DAs often view their positions as stepping stones to political office. As a result, many DAs are more concerned about padding their resume's than justice. The best way to pad their resumes is to have high conviction rates. Therefore when people are found NOT GUILTY, this hurts their conviction rates. They also can pad their resumes by prosecuting celebrities.

I knew one fellow who lost his job at 50 and took a telemarketing job at $10/hour to help pay the bills. The company they work for was run by thieves who took people's money but did not deliver the product. Eventually angry consumers called govt agencies and Federal agents raided the premise. This fellow was a 'worker bee' and was not privy to the secret the company was run by thieves. His job was just to phone people. Anyway, he was threatened with 15 years in a Federal prison and he got scared and took a plea bargain to serve about two years. They wanted to charge him with a crime for EVERY PHONE CALL HE MADE.

Anyway, plea bargain convictions do improve the DAs conviction rates.

[PhatTBoll]

[ QUOTE ]
Yes the USA has plea bargaining/

Plea bargaining saves the country big$$$ by minimizing the cases that go to trial. The problem with plea bargaining comes from the District Attourney Offices (DA). These are lawyers who prosecute. These DAs often view their positions as stepping stones to political office. As a result, many DAs are more concerned about padding their resume's than justice. The best way to pad their resumes is to have high conviction rates. Therefore when people are found NOT GUILTY, this hurts their conviction rates. They also can pad their resumes by prosecuting celebrities.

I knew one fellow who lost his job at 50 and took a telemarketing job at $10/hour to help pay the bills. The company they work for was run by thieves who took people's money but did not deliver the product. Eventually angry consumers called govt agencies and Federal agents raided the premise. This fellow was a 'worker bee' and was not privy to the secret the company was run by thieves. His job was just to phone people. Anyway, he was threatened with 15 years in a Federal prison and he got scared and took a plea bargain to serve about two years. They wanted to charge him with a crime for EVERY PHONE CALL HE MADE.

Anyway, plea bargain convictions do improve the DAs conviction rates.

[/ QUOTE ]

Sounds like your friend had a crappy lawyer.

[Felix_Nietsche]

Yes....he did have a poor lawyer. A court appointed lawyer who had no interest going to trial.

He was also a coward for allowing himself to be bullied but I suppose the THREAT of a long prison sentence was too scary for him and he caved...

[elwoodblues]

why do I suspect that either you haven't been told the full story from your friend or that you aren't telling the full story to us? I HIGHLY suspect that your friend was much more aware of and participated in the dealings of the company than you are suggesting.

[elwoodblues]

The tenor of your post suggests that you have a problem with plea bargains.

Think of all cases as a gambling proposition. The prosecutor is the one gambling. He is faced with the following proposition:
100% chance of having a nasty killer put behind bars for 25 years or an 85% chance of the death penalty (85% is just a random argument to demonstrate the thought process.) Absent some compelling circumstances to the contrary, it is the smart decision is almost always to plea the case down. While that might also have a positive impact on the career of the prosecutor, I would suggest that factors in marginally at best.

[Felix_Nietsche]

"The tenor of your post suggests that you have a problem with plea bargains."
************************************************** ******
Not at all. Plea bargains save the govt a lot of $$$.
I do have a problem with DAs who get drunk with their power and abuse their position.

I'll give you an example. Ann Coulter was assaulted with pies at ASU while giving a speech. The whole inicident was captured on VIDEO. Ann Coulture pressed charges. The DAs office dismissed the charges claiming lack of evidence because they needed Ann Coulture to arrive at a pre trial hearing to get a conviction. The DA claimed they told Ann and she did not show up. This is a lie on many fronts.

1. Ann claimed she was NEVER contacted by the DA's office.
2. Ann stated in her columns she was 100% committed to prosecuting these two young men and she would do whatever was needed to make sure they were punished.
3. The entire incident was captured on video so Ann's testimony was not even needed to get a conviction.
4. Two ASU students captured these two men so their testimony alone would have been enough to convict.

This was a case of a Democrat DA using his power to dismiss charges against two young men assaulting a Republican editorialist....

[elwoodblues]

Just try to find another criminal case where the victim of the crime didn't testify (unless of course they are dead.) It doesn't happen.

[ QUOTE ]
This was a case of a Democrat DA using his power to dismiss charges against two young men assaulting a Republican editorialist....

[/ QUOTE ]

and has nothing to do with Plea bargains.