Wednesday, March 26, 2008

Justice in the US of A

The talks by both men were simply amazing. They both eventually got to the fact that over 97 percent of the cases in our town are settled by plea bargain. Both had stories of men who pleaded guilty to avoid trial even though they were innocent. These stories would immediately get the attention of the children, "why would someone say they were guilty when they were not"?

The answer has to do with the awesome power of the prosecutor's office and the idea of piling criminal counts on top of other criminal counts until any matter could net one untold years in jail. We in America would charge a horse thief with theft, but not with conspiracy to steal horses, willful evasion of taxes on stolen horses, cruelty to animals and diminishing the civil rights of horse owners; but this is no longer true.
....

We were told that it is a fiction that the government will not retaliate against you if you demand your constitutional right to a jury trail in a criminal case. That was the most shocking statement of the day to my young charges.

The class and I were left with the distinct impression that the courts were rigged to fill jails and that justice was not on the agenda.


from: http://www.lewrockwell.com/orig9/potter1.html