Sunday, June 16, 2013

Lawyer Suicides Reach Epidemic Levels (Part 2)

Perhaps, I was a little too hard on defense attorneys.  It’s a dirty job.  And, as they say, someone has to do it.  But noble, I don’t think so.

On the other hand, prosecutors operate under the guise of the shinning public servant, dedicated to bringing justice to the doorstep of those who commit crimes.  However, it has been my experience that prosecutors are much the same as defense attorneys, which many of them were originally.  They have now eased themselves into a government job.  Nonetheless, they are still attorneys by training and disposition.  Again, the goal is winning.  If a few defendants get overly waxed during a resulting trial – well the defense should have been better prepared or accepted the offered plea deal.  Justice is but a quaint, rather dysfunctional concept to prosecutors.

Plea deals are what prosecutors do primarily.  Only a small percentage of the accused actually get a trial of their peers – the legal standard that is so highly lauded in the criminal justice system.  Trials are expensive and time consuming.  Prosecutors normally try to avoid trials unless there is a high degree of public interest, or as some might say ‘sex appeal.’

It goes something like this.  A burglar is caught at night, by the police, inside a local Plaid Pantry.  The defense attorney approaches the prosecutor and asks what they can work out to avoid a trial.  The prosecutor looks over the circumstances of the crime, and the alleged burglar’s criminal resume, and then says something like, ‘I’ll let him plead to First Degree Theft, 90 days in jail, and probation.’  The defense attorney counters with 45 days in jail.  The prosecutor says, ‘OK, but you owe me lunch.’

High Profile Example:  During the Jodi Arias Trial, the Prosecutor Juan Martinez seemed, at times, on the verge of righteous hysteria in his condemnation of Jodi Arias.  This is largely theatrics.  Besides, he has put a lot of effort into the preparation for this case; and he has no intention of wasting the spotlight.  His political future hangs in the balance.

To be continued…

True Nelson
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