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Regarding (2), I don't disagree totally, but from what I saw, the person in question was originally charged $5,000 (the fee was eventually reduced) just for the

by joeax 9y ago

Regarding (2), I don't disagree totally, but from what I saw, the person in question was originally charged $5,000 (the fee was eventually reduced) just for the hearing/plea deal. If she wanted to go to trial, he told her $20,000+. Breaking down the math, the lawyer did a total of 5 hours of work just for the plea. If he had to go to trial, the hours of work would have exploded to 50-100. So: Plea: $5,000 / 5 = $1,000/hour Trial $20,000 / 50 = $400/hour The criminal defense lawyers know that most cases will get plea-ed, so they frontload their costs. I can't speak for every CD lawyer out there, and I imagine many would like to see CJ reform, but not too many of them are complaining about the current system (that I know of). > The difference is that the people over there are more moral and virtuous, and don't keep voting for politicians who push "tough on crime" and inhumanely-long sentences. Agree 100%

rayiner 9y ago
> Plea: $5,000 / 5 = $1,000/hour Trial $20,000 / 50 = $400/hour The challenge for most lawyers is keeping a full pipeline of work. Unless you’re a household name, you do a lot of unpaid work to get each engagement, and often have downtime between engagements. So it’s vastly preferable to have fewer engagements that are more work each. Just look at the numbers above. Say plea bargaining became illegal. Even if the number of prosecutions dropped by a factor of four (highly unrealistic), lawyers would still come out ahead by earning the same money in fewer engagements. > but not too many of them are complaining about the current system They have an advocacy organization that does that. The National Association of Criminal Defense lawyers advocates vigorously for changing the system. E.g. https://www.nacdl.org/reports/misdemeanor/ https://www.nacdl.org/reports/misdemeanor/ > Millions of people each year are now processed for misdemeanors. In a 2009 report titled “Minor Crimes, Massive Waste,” the National Association of Criminal Defense Lawyers described a system characterized by “the ardent enforcement of crimes that were once simply deemed undesirable behavior and punished by societal means or a civil infraction punishable by a fine.”

by joeax 9y ago

rayiner 9y ago

> Plea: $5,000 / 5 = $1,000/hour Trial $20,000 / 50 = $400/hour The challenge for most lawyers is keeping a full pipeline of work. Unless you’re a household name, you do a lot of unpaid work to get each engagement, and often have downtime between engagements. So it’s vastly preferable to have fewer engagements that are more work each. Just look at the numbers above. Say plea bargaining became illegal. Even if the number of prosecutions dropped by a factor of four (highly unrealistic), lawyers would still come out ahead by earning the same money in fewer engagements. > but not too many of them are complaining about the current system They have an advocacy organization that does that. The National Association of Criminal Defense lawyers advocates vigorously for changing the system. E.g. https://www.nacdl.org/reports/misdemeanor/ https://www.nacdl.org/reports/misdemeanor/ > Millions of people each year are now processed for misdemeanors. In a 2009 report titled “Minor Crimes, Massive Waste,” the National Association of Criminal Defense Lawyers described a system characterized by “the ardent enforcement of crimes that were once simply deemed undesirable behavior and punished by societal means or a civil infraction punishable by a fine.”