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In the US, public defenders may try 1000 cases a year, may not meet you until five minutes before the initial plea, may have essentially zero investigative capa
by mapt 1y ago
In the US, public defenders may try 1000 cases a year, may not meet you until five minutes before the initial plea, may have essentially zero investigative capability. Court cases may take years to arise, bail may be effectively denied by virtue of economics, and the plea bargain offered is often <5% of the sentence sought, while being the ultimate way of settling nearly every case.
Arguing for the merits of an adversarial system is one thing. But many parts of due process are effectively completely dead for the vast majority of defendants, and prosecutorial discretion rules the justice system almost completely for those of us who aren't millionaires. "Adversarial" might work for OJ Simpson, but it hasn't worked for most of us for a long time, and the US prison system holds the most prisoners per capita in the world - it isn't close†.
Defenders of the shortcuts we have created proudly justify it as saving the taxpayer money; of making workable a situation where they feel they are underfunded by an order of magnitude, but the reality is that it is justice amputated of essential components. If you want to save money, maybe consider making fewer things illegal, and imprisoning people for a shorter amount of time, but go back to actually holding real, speedy trials that are effectively adversarial in nature. In the meantime, we have a judge/jury/executioner in the DA's office, and they get re-elected electorally largely based on their conviction rate; Like shooting fish in a barrel.
†Depending on how you view internment camps for specific minorities