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- Sep 15, 2021
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So, I'm pretty sure I've either disagreed with, or been neutral from, everything @Loiosh has ever posted on SherDog.
But I am 100% with him here.
The 5th amendment has become something of a joke in the USA, with the majority of the population (on both sides of the political spectrum, depending on the crime) assuming guilt upon accusation.
99% Federal and ~95% State conviction rates? LOL! Who is THAT GOOD at their job? 1% or less of the prosecutors at the federal level that believe their case is strong enough to bring to trial are incorrect? GTFO.
NASA can't compete with Federal prosecutors success rates, and the notion that attorneys who were not good enough to earn the millions private celebrity representation earns somehow outperform all of our brightest-and-best should raise all the alert flags you need. SOMETHING isn't processing correctly in the model.
Bond is used to ensure incarceration, and plea deals to avoid trial. We know this is a cost-saving move, and we KNOW this is a tactic to avoid the "trial by peer" stipulation of the the Constitution. But no one cares because the USA has a "guilty by accusation" stance.
Somebody accused them of rape? Guilty! Believe all women.
Somebody accused them of theft? Guilty! Defend the poor businessman.
[Insert equivalent position of whatever your political leaning may be with same result here.]
The topic nobody raises, and nobody seems to want raised ... is the right to a speedy trial. That means A LOT more public money, and that money is going to come from something already being spent, to ensure this actually exists. Several states have wait lists of YEARS to reach trial, and many of which exceed the maximum penalty of conviction.
Why on earth would you do 5 years of jail time (which is much harder than prison time), to stand trial for a crime that carries a maximum sentence of 1 year? You don't. You just plead guilty and go home.
The 5th is virtually meaningless in the current US system, and that desperately needs to change.
But I am 100% with him here.
The 5th amendment has become something of a joke in the USA, with the majority of the population (on both sides of the political spectrum, depending on the crime) assuming guilt upon accusation.
99% Federal and ~95% State conviction rates? LOL! Who is THAT GOOD at their job? 1% or less of the prosecutors at the federal level that believe their case is strong enough to bring to trial are incorrect? GTFO.
NASA can't compete with Federal prosecutors success rates, and the notion that attorneys who were not good enough to earn the millions private celebrity representation earns somehow outperform all of our brightest-and-best should raise all the alert flags you need. SOMETHING isn't processing correctly in the model.
Bond is used to ensure incarceration, and plea deals to avoid trial. We know this is a cost-saving move, and we KNOW this is a tactic to avoid the "trial by peer" stipulation of the the Constitution. But no one cares because the USA has a "guilty by accusation" stance.
Somebody accused them of rape? Guilty! Believe all women.
Somebody accused them of theft? Guilty! Defend the poor businessman.
[Insert equivalent position of whatever your political leaning may be with same result here.]
The topic nobody raises, and nobody seems to want raised ... is the right to a speedy trial. That means A LOT more public money, and that money is going to come from something already being spent, to ensure this actually exists. Several states have wait lists of YEARS to reach trial, and many of which exceed the maximum penalty of conviction.
Why on earth would you do 5 years of jail time (which is much harder than prison time), to stand trial for a crime that carries a maximum sentence of 1 year? You don't. You just plead guilty and go home.
The 5th is virtually meaningless in the current US system, and that desperately needs to change.
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