Monday, May 5, 2008

The Sixth Amendment

I wish I could understand the mentality of some prosecutors. A person accused of a crime is granted the right to a public and speedy trial. A right so important, the states have adopted it in their criminal procedure rules. So why should persons accused be punished for exercising their rights?? It never ceases to amaze me the number of times that a prosecutor is OFFENDED by the fact that a client wants a trial. And they will do anything to prevent it. Filing additional charges, filing felonies when the client was only charged with misdemeanors, seeking to have bonds revoked for no legitimate reasons.

Are they that unsure of their abilities at a trial?

Are they that convinced that someone accused MUST be guilty?

Everyone gets up in arms about someone accused "violating the rights" of the victims involved. What about when the accused winds up being the victim of the prosecutor? Nobody wants to hear about that. And if the accused decides to accept a plea after all of this, how can the judge believe that it is a "voluntary and uncoerced" plea? Give me a break!

3 comments:

Ramiro "Remy" Orozco Esq. said...

This comment is somewhat unrelated to your post, but I wanted to thank you for the effort and time you put in sharing your experiences and feelings. Keep posting it is a great way to document your journey and reflect on your progression.

It also provides us readers with a reminder that we are not alone out there.

rem

APDblogger said...

Great blog! I'm an APD in Florida. Reading your blog is like "A Day in the Life" at my office. Someone put it best the other day: "we work nights and weekend for clients who think we don't work for them..." Too true! What is your caseload like?

John said...

Great point. I've noticed too often in Florida that courts and attorneys forget about the whole "innocent before proven guilty" aspect of the law. These people deserve their day in court.

Your blog gives an interesting perspective that is often difficult to get - one of a practicing public defender. I've enjoyed reading your blog. I'm a research assistant in law school for Professor Leonard Birdsong. Please check out his blog at: http://birdsongslaw.com

Thanks!