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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.
by 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 agoThe 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 agoIt 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.