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Lawyers don't accept plea deals. Clients accept plea deals. Lawyers are required by professional ethics (and possibly by law in some places) to present plea de

Lawyers don't accept plea deals. Clients accept plea deals. Lawyers are required by professional ethics (and possibly by law in some places) to present plea deals to their clients. Having it be otherwise would be problematic.

djoldman 6y ago
True. However, in practice, most defendants take the advice of their lawyers. If public defenders advised not to take a deal, they probably wouldn't take them. This is definitely the weak point of this plan, I admit.
- ianferrel 6y ago
  The problem is that the existing system is in a stable equilibrium. A lawyer generally can't advise most clients to not take a plea deal because not taking the plea deal will have a worse outcome for that client. It's literally the prisoner's dilemma. You have to have all the lawyers and all the clients act in concert. But if someone defects, they get the plea deal (better than getting stuck in jail and going to trial) and the others get screwed.
  - djoldman 6y ago
    It is tricky for sure. It's a fantasy, I admit. I would truly like to see prosecutors have to take all cases to trial. The flagrant disregard for prosecutorial ethics is just appalling.
sokoloff 6y ago
They can also give advice as to whether or not accepting the plea deal is in the client’s best interests. That mechanism seems like it would be nearly equally effective, especially in today’s “one strange trick” society.
pat2man 6y ago
Also judges must approve of a plea deal. I wonder if judges even know the likelihood of a given defendant accepting a plea deal even though they are innocent?
- idoh 6y ago
  Judges get final authority to approve plea deals. Most of the time they do but it is not automatic.
anm89 6y ago
This is a nitpick. in 99% of cases the lawyer is going to present the deal and then state an opinion on what might be a good course of action.
- ianferrel 6y ago
  It's not a nitpick. Yes lawyers state opinions, but they are ethically bound to serve their client's interest, not to use their client as a pawn in an attempt to overhaul the justice system.
  - ErikVandeWater 6y ago
    It could be a legitimate strategy depending on the circumstances, and depending if they can get other public defenders to tag-along.
  - narshian 6y ago
    bad faith argument, sir. go to sleep.
- vxNsr 6y ago
  And in 99% of cases the client is gonna make their own decision bec if the lawyer tried to coerce them in any way they can lose their license.
royaltjames 6y ago
Your comment reeks of the same virulent narcissism that plagues humanity (thank you modern advertisement). Much like those incarcerated (clients) who rely on asymmetrical information (plea deals, lawyers), you've been groomed to unconsciously defend yet another human trafficking pipeline/system.

djoldman 6y ago

True. However, in practice, most defendants take the advice of their lawyers. If public defenders advised not to take a deal, they probably wouldn't take them. This is definitely the weak point of this plan, I admit.

ianferrel 6y ago
The problem is that the existing system is in a stable equilibrium. A lawyer generally can't advise most clients to not take a plea deal because not taking the plea deal will have a worse outcome for that client. It's literally the prisoner's dilemma. You have to have all the lawyers and all the clients act in concert. But if someone defects, they get the plea deal (better than getting stuck in jail and going to trial) and the others get screwed.
- djoldman 6y ago
  It is tricky for sure. It's a fantasy, I admit. I would truly like to see prosecutors have to take all cases to trial. The flagrant disregard for prosecutorial ethics is just appalling.

sokoloff 6y ago

They can also give advice as to whether or not accepting the plea deal is in the client’s best interests. That mechanism seems like it would be nearly equally effective, especially in today’s “one strange trick” society.

pat2man 6y ago

Also judges must approve of a plea deal. I wonder if judges even know the likelihood of a given defendant accepting a plea deal even though they are innocent?

idoh 6y ago
Judges get final authority to approve plea deals. Most of the time they do but it is not automatic.

anm89 6y ago

This is a nitpick. in 99% of cases the lawyer is going to present the deal and then state an opinion on what might be a good course of action.

ianferrel 6y ago
It's not a nitpick. Yes lawyers state opinions, but they are ethically bound to serve their client's interest, not to use their client as a pawn in an attempt to overhaul the justice system.
- ErikVandeWater 6y ago
  It could be a legitimate strategy depending on the circumstances, and depending if they can get other public defenders to tag-along.
- narshian 6y ago
  bad faith argument, sir. go to sleep.
vxNsr 6y ago
And in 99% of cases the client is gonna make their own decision bec if the lawyer tried to coerce them in any way they can lose their license.

royaltjames 6y ago

Your comment reeks of the same virulent narcissism that plagues humanity (thank you modern advertisement). Much like those incarcerated (clients) who rely on asymmetrical information (plea deals, lawyers), you've been groomed to unconsciously defend yet another human trafficking pipeline/system.