So maybe you missed my edit (which I added on after) about all the trials I go on. Before COVID I was ready to go trial 3x a month. Other areas of law are lucky to go trial once per year or every other year. I don’t think you realize that we are trial attorneys. We love to be in trial. I look forward to being in trial. Everyone in the office is upset because COVID has essentially removed trials for 2020.
Second, you don’t have discretion in your scenario. The bank tells you a task and you either complete it or don’t. My task is to literally use discretion and “do justice” which of course isn’t defined. I know I do a good job because I get favorable jury verdicts, make promotions by my peers and bosses who have 30+ years experience, and receive praise from judges and victims of crimes alike. I’m ok if I’m not doing well by the standards of a repo man. And I don’t say that to talk down to a repo man—I only say that to note that you have absolutely zero relevant experience to apply to my job. It’d be no different than some attorney not knowing anything about your job and criticizing how slowly you move or how ineffective you are at finding vehicles or how terrible you are at handling hostile situations all from the comfort of my office because I’ve watched repo shows on A&E. And my criticisms would be coming despite the fact that all your bosses and people with relevant experience give you praise and promotions.
If the legislature didn’t intend it, they wouldn’t allow me to waive enhancements now would they? 🤔
And it’s not federal lockup as I already mentioned I don’t work for the feds. So you can’t even get the prison system correct, but I’m glad you’re an expert at all things criminal law. Please tell me more about how I should do my job.
The law is written and then DISCRETION is intended to be used by the State, Judge, and Jury.
Did you know that I could make someone habitual (25 year minimum) if I wanted to because they were caught with .02 grams of cocaine (that’s .02 of a sugar packet) and they went to prison 2 times in 1978 for drugs and haven’t been in trouble since then? Oh now all of a sudden my discretion seems reasonable doesn’t it? Look I know you think you know what you’re talking about but I assure you you don’t. I truly wish I could have you shadow me and see how real life works and not CrimeTv drama shows.
Edit: I just got out of a jury trial who convicted a 16 year old who accidentally shot a girl walking down the street in the vagina when shooting at a truck driving by. Also do you realize how many death penalty cases we have pending? How many murders? How many shootings/stabbings? Those are the people that need to get popped for 50+ years and we are going to take to a jury trial if they don’t plea guilty. Now are there times where a guy gets caught with drugs and this is his 4th offense this year and I’ll send him to prison? Absolutely. What if he won’t plea? Then set it for jury trial and I’ll be there. Don’t confuse my experience and your lack of experience as incompetence or laziness.
It’s sad unfortunately. We try to do our best in voir dire (jury selection). We pick on the slightest cues like “#7 wouldn’t make eye contact with me at all” or “#13 was basically falling asleep” and then we strike those people if we need to. We try our best to talk to everyone but we have to explain the law AND get to know 60 people in about an hour—a virtually impossible task to do perfectly.
That’s why it’s so important that people like you don’t skip out on jury duty even though it sucks. People like you can really make a change in your community. If people see gang bangers getting popped with life sentences in your county, you better believe they’ll start to move over to the next county that doesn’t do shit to enforce the laws.
I am contradicting his statement where he says, “prosecutors run the justice system.” We don’t. It is a full system of checks and balances. There are defense attorneys, judges, and juries involved as well. Do we have power? Sure, I suppose. But I also have plenty of checks and balances in place that I can’t just do whatever I want.
And I specifically brought up not preparing for trial because he said you should assert your right to a trial. Then you decided to add in that’s the only reason why we cut deals and that we don’t focus on justice. You added that when that wasn’t the focus of the discussion.
I know exactly what my duties and obligations are and I’m good with them and good at them.
Here is a basic scenario: a guy gets caught with drugs and is enhanced and looking at 5-99 no probation. This guy may “want to assert his right to a trial.” I’m sitting here going dude you got popped with drugs and you confessed to it. But it’s only drugs. I’ll waive the enhancement and let you serve 6 months in county jail (instead of 5 years in prison). That’s perfectly reasonable. I’m factoring in what I believe is fair I’m not wasting a jury’s time/money to listen to this trial. I’m not wasting court resources (judge, court reporter, bailiffs) on this simple drug case.
So yes I summarized it simply as “to avoid preparing for trial” but of course that leads someone like you to criticize and bitch and moan.
As someone who has watched 1000’s of hours of bodycam, don’t trust the article. Get the facts for yourself. There plenty of scenarios where police can shoot a suspect who is fleeing. I’ve watched them straight off the bodycam at work. Any article could twist it into something it’s not.
Just so you know sometimes you aren’t struck you just didn’t get picked. By default the first 12 (for a felony) are the ones to get on UNLESS they are struck then number 13 makes it on and so on. If you’re in the back there’s almost a 0% chance you’ll be selected.
Just so you know sometimes you aren’t struck you just didn’t get picked. By default the first 12 (for a felony) are the ones to get on UNLESS they are struck then number 13 makes it on and so on. If you’re in the back there’s almost a 0% chance you’ll be selected.
As an assistant DA we make offers on our cases based on what juries tend to give. If we see more juries lighting people up, we can make higher offers. If it’s a bunch of millennials giving probation to murderers, then we have to basically start offering it as well
As an assistant DA we make offers on our cases based on what juries tend to give. If we see more juries lighting people up, we can make higher offers. If it’s a bunch of millennials giving probation to murderers, then we have to basically start offering it as well
Man as a prosecutor that’s not true. We are overrun with cases so we cut deals (good deals) to avoid preparing for trial (hours if not days per case).
Now the feds on the other hand get to cherry pick their cases and offer whatever they want.
As an assistant DA we make offers on our cases based on what juries tend to give. If we see more juries lighting people up, we can make higher offers. If it’s a bunch of millennials giving probation to murderers, then we have to basically start offering it as well
We need people like you to show up
As an assistant DA we make offers on our cases based on what juries tend to give. If we see more juries lighting people up, we can make higher offers. If it’s a bunch of millennials giving probation to murderers, then we have to basically start offering it as well
Here’s the catch 22 while I see what you’re saying: they already make jack shit when they start out. They’re not getting tons of badass candidates because in a free market who wants a job to work nights, get shit pay, get shot at, and always be hated by the community? Idk what the solution is, but taking money away from them definitely isn’t it.
Very true. I work as a criminal attorney now and I see a lot of child deaths because parents don’t want the kid, but want the paycheck.
I also was watching a plea the other day and a defendant said he can’t afford probation to the judge because he “gets paid by the State.” Like he actually believes he earns that check and he isn’t getting a handout for being a lazy piece of shit. The Judge told him to stfu and set it for trial them and he can face prison time if he doesn’t want the plea deal and of course he eventually stfu
When I was younger I saw the same thing working at a grocery store. They’d come in with their cart and the total would be around $100. They use WIC (govt assistance) and knock the total down. Then swipe the food stamp card. Total now $8. Then they ask to throw on some marlboros and proceed to pay with 3 different credit cards. They’ll have a fresh new tattoo sleeve that still is covered up in plastic and the woman will be pregnant with another child. I’m just like wtf are you doing?
In my experience it’s about 50/50. I think there are a lot of people genuinely curious to hear the criminal case kind of like a tv show and want to see our system at work. Then there are people who understandably don’t want to miss work for multiple days and keep showing up to the courthouse. I get people begging to get on and I get people begging to be excused and most people don’t have a chance to speak up so I’m left with evaluating based on their body language and engagement.