- This topic has 162 replies, 13 voices, and was last updated 9 years, 6 months ago by scaredyclassic.
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April 17, 2015 at 8:45 PM #784908April 17, 2015 at 9:06 PM #784909spdrunParticipant
Svelte:
(a) What’s wrong with sounding like a defense lawyer? They fulfill a useful function in a country with a “justice” system as fucked up as the US.
(b) Would you give the same advice to someone who’s being raped or mugged? Just stand right there — you’ll have your day in court … maybe. Eventually.
(c) Screw the swine who shot the guy who was running away, then planted evidence. Hope he spends the rest of his pathetic life rotting in prison, only seeing his family through a thick glass wall. And that the visits get less and less frequent — one day, his wife will mention the better man in her life and shrug. At that point, maybe he’ll hope to get his shoelaces back.
April 17, 2015 at 9:38 PM #784911bearishgurlParticipant[quote=svelte] . . . Scaredy – you’re sounding more and more like a defense lawyer every day! . . .[/quote]In scaredy’s defense, he comes by that trait honestly, svelte! It’s a “JOB” that “somebody has to do.”
Maybe scaredy has a “ride-along” package you could sign up for where you could “shadow” him for one week. H@ll, maybe on a week where you could take a little road trip to visit one of CA’s “BIG Houses!”
Remember, if you’re going to stop for Mickey D’s along the way, you need to bring enough for everyone!
I think it would be enlightening for y’all (ALL Piggs) to “shadow” the likes of scaredy for at least one business day.
Signed,
Lived it for decades, breathed it, know it cold
PS: Without the scaredy’s of the world, the “system” would completely collapse …. within 24 hours.
April 17, 2015 at 9:39 PM #784912bearishgurlParticipantNorco reception center awaits your arrival, Piggs …
April 17, 2015 at 9:40 PM #784913spdrunParticipantWithout the scaredys of the world, we’d have descended into Fascism 100 years ago.
April 18, 2015 at 7:15 AM #784917NotCrankyParticipantDefense attorneys don’t fabricate on behalf of their clients? Parade a bunch of liars through the court. People who they put together for some bullshit Con whether the result is possibly to revictimize actual victims and society at large? Maybe get some scumbag off who killed plenty of times, who killed maimed and in other ways traumatized people? Yeah they do and sometimes they get the tax payer to pick up the tab for most of it or all of it too.
April 18, 2015 at 7:19 AM #784918NotCrankyParticipantI imagine most cops will lie though, and most of their supervisors will back them if they can get away with it.
April 18, 2015 at 8:15 AM #784920FlyerInHiGuestIt’s all a question of incentives.
Cops will lie and the department will back up the cops because the incentives are to sustain a corrupt system, usually from the top on down. The incentives are self-preservation. It’s up to the leadership to not tolerate lies.
Defense attorney don’t have incentives other than winning a case, which in itself is powerful. But there is no personal investment on the part of the attorney.
Attorney may win cases on technicalities. But that’s due to inept prosecutors and cops who failed to follow the law.
April 18, 2015 at 10:13 AM #784921scaredyclassicParticipant[quote=Blogstar]Defense attorneys don’t fabricate on behalf of their clients? Parade a bunch of liars through the court. People who they put together for some bullshit Con whether the result is possibly to revictimize actual victims and society at large? Maybe get some scumbag off who killed plenty of times, who killed maimed and in other ways traumatized people? Yeah they do and sometimes they get the tax payer to pick up the tab for most of it or all of it too.[/quote]
Prosecutors and Defense attorneys almost never know what actually happened, because they a re not witnesses. They put on witnesses and make arguments to try to prove a theory. Neither the statements of prosecutors nor defense attorneys are evidence. theya re simply what they expect the evidence to show. It is up to the judge or jury to determine what the evidence means, what weight to give it, and what the truth is.
The correct outcome doesnt always occur, but it is not expected to be perfect. The system is set up to maximize letting innocent people go by establishing a high burden of proof …proof beyond a reasonable doubt…that’s our ssystem when it works correctly.
Stating a prosecution or defense theory that is not true is not lying, because the truth is almost never known to either side. In that sense, one side is “lying” in every trial where different theories of the facts are presented, since often both stories cannot be true. That doesn’t undermine the purpose of the system; in fact, that is the purpose of the system..to see if the evidence supports the charges, or if there is some reasonable alternative explanation that creates doubt about the truth of the charge. We expect one side’s story to not hold up after careful examination.
When the police interview witnesses, they are in a similar position to prosecutors or defense attorneys. They don’t know what the truth is. They are simply gathering in a critically examining manner evidence to be later considered in the context of the whole.
However, in other situations, the police are direct witnesses. In that case the police ACTUALLY DO know what happened.
When police make stuff up, it is bad. It is bad in a way that is utterly different than presenting an incorrect prosecution or defense theory to a jury, which as noted above, is normal. Because police hold a position of high regard in society, because jurors and judges trust them, when they fabricate evidence, it is highly likely it will be believed to be true, and that the outcome may therefore be very, very wrong, because innocent people might get convicted.
Alternatively, if that trust in police decayed over time, say by videotapes proving bold lies, and people started doubting everything the police said, it would also be terrible, because we as a society want jurors to be able to trust police, because that trust is necessary to enforcing laws and getting convictions of the guilty.
April 18, 2015 at 11:38 AM #784922NotCrankyParticipantThe defense attorneys don’t know what happened? I think often times they do.
At that point the alternative story is a lie. Protected legal lie maybe, but it’s still a lie. Those lies empower criminals to hit the streets again much earlier than if the defense refused with honesty, to bargain with them well before court. When they go to court with a lie , that’s what it is.April 18, 2015 at 11:42 AM #784923scaredyclassicParticipant[quote=Blogstar]The defense attorneys don’t know what happened? I think often times they do.
At that point the alternative story is a lie. Protected legal lie maybe, but it’s still a lie. Those lies empower criminals to hit the streets again much earlier than if the defense refused with honesty, to bargain with them well before court. When they go to court with a lie , that’s what it is.[/quote]No. They only very rarely know the truth. The story they tell may seem unlikely, or implausible, to themselves or others, but if that’s true, the factfinder should be able to see through that.
Sometimes very unlikely implausible stories turn out to be true. it is not up to the attorney to judge whether it is true or not, because she simply doesn’t know.
April 18, 2015 at 11:44 AM #784924NotCrankyParticipant[quote=scaredyclassic][quote=Blogstar]The defense attorneys don’t know what happened? I think often times they do.
At that point the alternative story is a lie. Protected legal lie maybe, but it’s still a lie. Those lies empower criminals to hit the streets again much earlier than if the defense refused with honesty, to bargain with them well before court. When they go to court with a lie , that’s what it is.[/quote]No. They do not know. The story may seem unlikely, or implausible, but if that’s true, the factfinder should be able to see through that.
Sometimes very unlikely implausible stories turn out to be true. it is not up to the attorney to judge whether it is true or not, because she simply doesn’t know.[/quote]
Lets say “she” is defending me and I tell “her” ,yes, I robbed the bank but I don’t want to plead guilty because I have a pretty bad criminal history and that will be considered in sentencing. Now “she” knows , do attorneys drop those cases or present some alternate story that I did not rob the bank?
April 18, 2015 at 11:48 AM #784925NotCrankyParticipantDo cops/ DA know how much lying their cases will come up against? Yes. They live with this every day. How many cases are settled with a hand slap because it is too costly to fight against defense lies, I mean alternate versions? Are the cops kind of powerless to do their jobs because of it , some might think so.
April 18, 2015 at 12:45 PM #784927scaredyclassicParticipant[quote=Blogstar]Do cops/ DA know how much lying their cases will come up against? Yes. They live with this every day. How many cases are settled with a hand slap because it is too costly to fight against defense lies, I mean alternate versions? Are the cops kind of powerless to do their jobs because of it , some might think so.[/quote]
Police officer duties are completely separate and apart from penalties under the law. The police officer is not the jduge or the jury and has no impact on sentencing. The police are only there to gather facts and arrest suspects. They shoudl not dispense street justice.
April 18, 2015 at 12:47 PM #784926scaredyclassicParticipant[quote=Blogstar][quote=scaredyclassic][quote=Blogstar]The defense attorneys don’t know what happened? I think often times they do.
At that point the alternative story is a lie. Protected legal lie maybe, but it’s still a lie. Those lies empower criminals to hit the streets again much earlier than if the defense refused with honesty, to bargain with them well before court. When they go to court with a lie , that’s what it is.[/quote]No. They do not know. The story may seem unlikely, or implausible, but if that’s true, the factfinder should be able to see through that.
Sometimes very unlikely implausible stories turn out to be true. it is not up to the attorney to judge whether it is true or not, because she simply doesn’t know.[/quote]
Lets say “she” is defending me and I tell “her” ,yes, I robbed the bank but I don’t want to plead guilty because I have a pretty bad criminal history and that will be considered in sentencing. Now “she” knows , do attorneys drop those cases or present some alternate story that I did not rob the bank?[/quote]
Regardless of whether the client confesses to the lawyer, the People still ahve to prove the case beyonda reasonable doubt. if there are holes in the proof, the lawyer would still be ethically obligated to point those out. In generaldefendants rarely confess to their lawyers.
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