The one thing I noted in our last discussion of plea bargaining was the oft repeated example of Gideon and the wrongfully convicted. What significant point was missing? It was guilt. The very guilt of those who willfully commit crimes and enjoy doing so.
Some people do commit crimes and of those some of them use plea bargaining as a ‘workplace tool’ to lessen the impact on their chosen career. The routine is clear and well established: Always plead innocent to maximize time between arrest, initial appearance, preliminary hearing, and then trial. Things like evidence can get contaminated, people’s memories fade and they sometimes they move or are unavailable, the caseload on both the prosecutor and the public defender increase and the pressure increases on adjudicating all cases as expediently as possible, etc.
Another fact lost in the discussion was that Maricopa County, AZ judges do not deal in plea bargains, they merely approve or deny them and denials do occur. The prosecutor or the public defender may approach the other counsel and propose a plea offer. The attorney may elect to decline it, offer a counter-proposal, or accept it… with and this is a big contingency…. with the express approval of the defendant[s] and or the victim[s]. Other jurisdictions may vary, but within the State of Arizona, they are pretty much uniform within the various Superior, Justice, and Municipal Courts.
So… while the attorney in the attached link cannot represent the defendants in the above action [ethics] and the attorney did contact the police and willingly give information for a criminal investigation, where is the supposed animosity between a paid professional criminal defense attorney and the police/prosecutor? Gideon was a highly dramatized event as depicted in the book and Blumberg sees collusion and conspiracy in nearly every context of the legal system. Justice is not the truth, nor is it absolute in its ideological purity of context.
Neither is accurate and neither is the truth. The best example of the adversarial American legal system is a quote from ‘Michael Corleone’ in the ‘Godfather’ movie:
Our legal system deals in justice, not moral absolutism or philosophical purity.
Law is a business, nothing more.