I worked for a semester in a common pleas court in Toledo. I would watch the criminal docket in shock because nearly every criminal who came through the courtroom doors would plead either "guilty" or, usually, "no contest" (i.e. I do not disagree with the facts as presented by the prosecution, I am waiving my right to a trial or to plea not guilty, and go ahead and punish me, but I am not actually pleading guilty.) Criminal cases are rarely brought to trial, because, well, most times the guy did it and it's just a matter of determining how much leeway the sentencing statute gives the judge. And if the defendant didn't, some part of the investigation got screwed up and the evidence was lost/mishandled so the defendant would be free to go on a technicality (though if stats are right he/she will be back soon).
This has been my feeling/mentality regarding criminal defendants. Right now, however, I am reading John Grisham's book The Innocent Man. Part of me is kind of annoyed by it. It's a tale of incredible injustice in Oklahoma and the murder convictions of two innocent men based on ridiculous evidence and coerced confessions. I get annoyed because books like this (it's nonfiction) sensationalize the justice system and encourage the thinking that our justice system is screwy and filled with dishonest/lazy/unscrupulous attorneys/judges/police officers, etc. and makes all defendants into victims of the "system." Theoretically speaking, however, we have one of the most defendant-friendly court systems in the entire world. You are guaranteed adequate representation, a jury by your peers, an impartial judge, an appeals system just to ensure the trial court got it right, and evidence may only be admitted if it's proven to be relevant, has been in a proper chain of custody, and is not prejudicial.
I realize our judicial system can never be perfect--it is implemented by human beings, so go figure. Anyway, before I start a rant (oh wait maybe I already did) about how tired I get hearing people complain about a system of which their only knowledge is based upon the media, john grisham books, or television shows like boston legal, I will get to my point--reading this book has given me a first hand account of how the justice system really can completely destroy a person's life when unfair, sloppy, and coercive methods are used against a defendant.
I have often said I never want to work in criminal law, and this is mostly true. But, I used to think if I had to do criminal work, I would choose prosecution over criminal defense any day. This is no longer true. The role of the public defender, or any criminal defense attorney for that matter, is crucial to the protection of a defendant's rights. (As is proper police work and prosecutors who investigate fully prior to filing charges) Especially one who is ignorant of the law, possibly mentally unstable, and with a long criminal history. My friend Holly and I have talked about going into practice together in the future (she still has to take the bar though--lucky her:) ) but until that day comes, I am not going to shut the door completely on taking criminal appointments. Even if every person who walks through the door of the courtroom is guilty and is a waistoid who likely cannot be rehabilitated to ever function properly in society, they have a voice that needs to be heard. They have a story. They have a lot to lose.
Go get the book, it's good, and I'm sure someday it will be a movie. Hmm, a John Grisham book turning into a movie...that'd be a shocker...
This has been my feeling/mentality regarding criminal defendants. Right now, however, I am reading John Grisham's book The Innocent Man. Part of me is kind of annoyed by it. It's a tale of incredible injustice in Oklahoma and the murder convictions of two innocent men based on ridiculous evidence and coerced confessions. I get annoyed because books like this (it's nonfiction) sensationalize the justice system and encourage the thinking that our justice system is screwy and filled with dishonest/lazy/unscrupulous attorneys/judges/police officers, etc. and makes all defendants into victims of the "system." Theoretically speaking, however, we have one of the most defendant-friendly court systems in the entire world. You are guaranteed adequate representation, a jury by your peers, an impartial judge, an appeals system just to ensure the trial court got it right, and evidence may only be admitted if it's proven to be relevant, has been in a proper chain of custody, and is not prejudicial.
I realize our judicial system can never be perfect--it is implemented by human beings, so go figure. Anyway, before I start a rant (oh wait maybe I already did) about how tired I get hearing people complain about a system of which their only knowledge is based upon the media, john grisham books, or television shows like boston legal, I will get to my point--reading this book has given me a first hand account of how the justice system really can completely destroy a person's life when unfair, sloppy, and coercive methods are used against a defendant.
I have often said I never want to work in criminal law, and this is mostly true. But, I used to think if I had to do criminal work, I would choose prosecution over criminal defense any day. This is no longer true. The role of the public defender, or any criminal defense attorney for that matter, is crucial to the protection of a defendant's rights. (As is proper police work and prosecutors who investigate fully prior to filing charges) Especially one who is ignorant of the law, possibly mentally unstable, and with a long criminal history. My friend Holly and I have talked about going into practice together in the future (she still has to take the bar though--lucky her:) ) but until that day comes, I am not going to shut the door completely on taking criminal appointments. Even if every person who walks through the door of the courtroom is guilty and is a waistoid who likely cannot be rehabilitated to ever function properly in society, they have a voice that needs to be heard. They have a story. They have a lot to lose.
Go get the book, it's good, and I'm sure someday it will be a movie. Hmm, a John Grisham book turning into a movie...that'd be a shocker...
6 comments:
Liz,
you gotta hook a brother up with a size 12 font.
good stuff though
(I read it through my microscope)
done and done! i am not sure how it got so small!...now katy will surely complain that I am long winded...at least with a small font it looks like i wrote less:)
Loved reading John Grisham books. His Novels are the reason I failed 11 grade English. I should have been doing the vocabulary worksheets, the journals, and the random character analysis from texts we were reading in class. But nope, I wold pass all the tests. However passing tests isn't enough to pass the class.
i officially feel a little better about 'the system' knowing that awesome people like you are working to make sure it works as designed...
Wow Liz- you are starting to sound like a Democrat :). Sign you up for a job at the ACLU. I agree with most of what you said. Good defense attorneys are absolutely necessary BUT what I think a lot of people forget is that the law is designed to protect the rights of defendants. If prosecutors screw up, there is no appeals process for the victims- the criminals just go free or perhaps get a lesser sentence than they should. The state doesn't get to try their case again but defendants have sometimes multiple appeals and the ability to get another atty. Soooo-There is also a need for talented prosecutors as well as defense attorneys. Case in point- look at the Duke rape case. The State had to drop the charges because the D.A. botched the case from the beginning. Yes, maybe those guys didn't rape that girl-BUT the investigation was so screwed up one will ever be able to prove it one way or the other. If that woman was raped, then she'll never get justice.
If you enjoyed reading The Innocent Man, may I suggest the companion book to it. Here is something I wrote. Who And Where Is Dennis Fritz, You say after reading John Grisham's Wonderful Book "The Innocent man", Grisham's First non-fiction book. The Other Innocent Man hardly mentioned in "The Innocent Man" has his own compelling and fascinating story to tell in "Journey Toward Justice". John Grisham endorsed Dennis Fritz's Book on the Front Cover. Dennis Fritz wrote his Book Published by Seven Locks Press, to bring awareness about False Convictions, and The Death Penalty. "Journey Toward Justice" is a testimony to the Triumph of the Human Spirit and is a Stunning and Shocking Memoir. Dennis Fritz was wrongfully convicted of murder after a swift trail. The only thing that saved him from the Death Penalty was a lone vote from a juror. "The Innocent Man" by John Grisham is all about Ronnie Williamson, Dennis Fritz's was his co-defendant. Ronnie Williamson was sentenced to the Death Penalty. Both were exonerated after spending 12 years in prison. Both Freed by a simple DNA test, The real killer was one of the Prosecution's Key Witness. John Grisham's "The Innocent Man" tells half the story. Dennis Fritz's Story needs to be heard. Read about how he wrote hundreds of letters and appellate briefs in his own defense and immersed himself in an intense study of law. He was a school teacher and a ordinary man from Ada Oklahoma, whose wife was brutally murdered in 1975. On May 8, 1987 while raising his young daughter alone, he was put under arrest and on his way to jail on charges of rape and murder. Since then, it has been a long hard road filled with twist and turns. Dennis Fritz is now on his "Journey Toward Justice". He never blamed the Lord and soley relied on his faith in God to make it through. He waited for God's time and never gave up.
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