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David Lynch's article draws on his own personal experience as a public defender and an assistant district attorney in two different counties. He takes an insider's perspective at how simple it really could be to put more criminal cases in a courtroom rather than resorting to plea bargaining. Much of his evidence is anecdotal, however despite this, it does not sound as if it only occurs in the region he was working. The problems he discusses make sense that they could take place anywhere across America.
One anecdote he offers is his experience as a public defender bringing a case to trial. The judge wanted to postpone the trial for his own personal reasons. He inisisted that his client not be left in a jail for two months. The judge granted the trial, but was openly hostile to both the defendent and Lynch himself, eventually delivering both a guilty verdict, and a trumped up sentence.
He then offers a description of his move to be an ADA at another county. He explains that suddenly a trial wasn't such a scary thing, and even offers one anecdote, where the defense attorney actually turned out to be so afraid of goign to trial that after stubbornly refusing to bargain, he instantly transformed when he realized that a case was actually going to go before a jury.
I really liked this article. A lot. Lynch's accounts make a lot of sense, and are written in a very readable manner. They also explain what the system looks like from the inside, rather than the trumped up, overworked impression most lawyers portray. Lynch shows that a system that abolishes plea bargaining is not only feasible, but in his own experience worked out to the benefit of all involved. He seemed to get a greater satisfaction out of his work when he saw it through to the end, and there was much less anonymity between judges and lawyers who wanted a trial. The only question I have to raise is the one of how much his changed position between the counties altered his viewpoint. I understand that the statistics are factual either way, but it does seem that being on the prosecution end of things would inherently feel more fulfilling than being a public defender with openly hostile clients. This is just a small concern though, overall I still think his insights are incredibly valuable.
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I wish I had read this article from an "insider." The scholars are getting a little rough to read. I think the concepts discussed here are interesting - we saw it in the documentary on Monday - judges are people, too, with their own biases. And if they don't want a trial, then there either won't be one or will be an unfair one. I often comment on how often we as human beings talk about one another. Everyone has biases - it's our nature. But what can we do to eliminate the bias of judges? Erase their mind like in "Eternal Sunshine"? I think it's viable to want perfection on the part of judges and lawyers, but we just can't get it.
ReplyDeleteI sort of wish I'd read this article--Schulhofer's article referenced this one quite a bit. It's interesting that he wants to do away with plea bargaining altogether. I for one can't really imagine how doing away with it completely would work or be beneficial, though who knows? Overall it would probably be best if it were gone, but I mostly just worry about people who can't afford decent counsel or don't have the time, energy or money for a proper trial.
ReplyDeleteI also really liked the way Lynch described the inner-workings of the justice system with such honesty. Most portrayals of lawyers and judges in the media are completely contrary to reality and hearing his perspective, from the position of both a defender and a prosecutor, provided a view we rarely get to see.
ReplyDeleteI think without plea bargains lawyers would have a better relationship with their clients. They would feel invested and thus fight for justice deserved. Bargains, almost, make effort, on behalf of lawyers, unnecessary and unneeded. Making a deal is about gain, not about what is right and just, let alone, what is deserved.
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