3 ms·
As someone who absolutely agrees with this in principle, I disagree with "simple and straightforward" - you need to look at case categories (felonies and classe
by FireBeyond 2y ago
As someone who absolutely agrees with this in principle, I disagree with "simple and straightforward" - you need to look at case categories (felonies and classes thereof, gross misdemeanors and misdemeanors) for a view on expected effort, and then you need to look at "what proportion of those cases have private representation".
And then this will always be a trailing metric.
I mean, personally I think the simple answer is just blanket equal resources, but there's no motivation to make that happen, but certainly won't be without things like the above.
Elected prosecuting officials is a bad thing, IMHO. The incentives are all wrong. They get elected and re-elected on "being tough on crime", which means convictions, which leads to the simple fact that the US abuses the concept of the plea deal enormously.
Thousands of people who would otherwise be found not guilty (if not are factually innocent) accept plea deals just to be done with a process that can take years to resolve (not to mention money, or freedom, or both, in the interim).
In other countries the use of the plea deal is generally fairly rare, and comes with stringent judicial oversight. Here it is often the first option. "Well, what would your client plead to?"