Maggie's Farm

more constitutional fan fiction from both sides.

due process* isn't a guarantee that things will come out right in the end. its a method of ensuring that the end result is acceptable to society and for the most part, it is.

my experience is that the government routinely overcharges but that this is part of the waltz between prosecutor and defense counsel, and ultimately with the judge. the typical crime is "worth" a certain level of punishment that will, almost always, be reached through negotiation (and probably will be even if the defendant decides to be unrepresented). you don't see every charged offense running consecutively, what you get is a conviction that for the most part gives a sentence that is fair. there are also built in checks too, the judge is the one who sentences, and often there are sentencing guidelines that are based on objective factual criteria to ensure uniform sentencing.

let's face it, after a grand jury or a preliminary hearing vets the charging document, you can be fairly certain the defendant is factually guilty -- and they always -- always -- lie about their own guilt. so defense counsel will put the government through the hoops, make the suppression motions, etc., so the defendants are really getting due process and maybe you'll catch the government and exclude the confession or evidence.

sure, there's always a carrot-stick approach to take a settlement, its a roll of the dice to some extent for the government as well as defendant and both sides have their own interests (a client might accept greater punishment to preserve immigration status).

that said, police discretion, selective prosecution of defendants and charges can and have been gravely abused, especially in death penalty cases.


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* procedural due procees

due process is more than just maneuvering. I'm there to make sure the government plays by the rules. we keep the government lies, beatings and evidence planting to a reasonable minimum. if the govt oversteps, the client -- who is always and by always I mean always guilty -- skates.

my experience has been x minus credit for time served.