[lbo-talk] From under the Iron heel . . .

andie nachgeborenen andie_nachgeborenen at yahoo.com
Wed Aug 25 12:16:32 PDT 2004


A few years ago one Circuit, I think it was the 10th, ruled that an offer of time for cooperation was unlawful, but this was overruled by the Court en banc. So the issue has been raised. jks

Miles Jackson <cqmv at pdx.edu> wrote:

On Wed, 25 Aug 2004, Bill Bartlett wrote:


> The US system of "plea bargaining", in the context of draconian
> penalties applied to accused persons who dare to exercise their right
> to a fair trial, effectively amount to (and are deliberately designed
> to) compel people to testify against themselves.

I think Bill has a valid point here. This plea bargaining shit has always seemed like a clear violation of the Constitution to me. If I were to pressure someone to provide testimony in a court case by using threats, I'd be arrested. Why is it different for DAs? Justin, Nathan, how do lawyers finesse this?

Miles

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