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

andie nachgeborenen andie_nachgeborenen at yahoo.com
Wed Aug 25 14:19:32 PDT 2004


That's just dumb, Carrol, on lots of counts. First, it is illegal to threaten or attempt to coerce federal officials -- I cited the statute a while ago -- and I am sure that there state statutes that apply to similar actions against state prosecutors. While there is a point to civil disobedience on occasion, e.g. MLK, this particular notion looks likea good way to get whoever does it rounded up under RICO or even antiterrorism statutes. So don't think it.

Second, prosecutors don't create the problematic system, they are just grunts doing their job -- which mostly involves keeping bad guys off the streets, btw, and I say this as a criminal defense lawyer. 98% of what they do is wholly laudable work done under difficult to impossible conditions -- and with state prosecutors, for little pay. ASAs here in Illinois start at, what, $30K? The problem is partly too few resources to support jury trials, partly (mainly) way too much criminalization and incarceration.

As Nathan would say, you want to stop the plea bargaining system, get legislation that would ban it. And funding for 10 zillion new judges and Lord knows how many jury trials. Good luck!

Btw, you know that most countries don't have jury trial at all even for most criminal actions -- that's a common law tradition. A good one, I think, but not a due process requirement. It doesn't "shock the conscience" (at least mine) that Belgian burglars are tried before a judge -- that doesn't mean Belgium is a fascist dictatorship. I don't knwo how much plea bargaining there is in Belgium. They are a lot less into criminalization and incarceration there, I know.

jks

Carrol Cox <cbcox at ilstu.edu> wrote:

andie nachgeborenen wrote:
>
> 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
>

One of the ways I've spent my idle hours for many years is daydreaming of things "The Left" might do if/when it came into existence once more. One of those daydreams involved ways such a mass movement could make life personally unpleasant for DAs who engaged in plea-bargaining.

Carrol

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