WINNING THE HOPELESS CASE
Admittedly, these are tough times for anybody who has the misfortune to be accused of a crime. Today no one seems to care about the rights of the accused - constitutional or otherwise. The present generation seems to be a throwback to the days of the Old West. Merely to be accused is to be presumed guilty. The old mantra from the days of the Gold Rush has been revived. "Let’s string ‘em up!" "Let’s put ‘em away!".
There are more than two million people presently incarcerated in the United States today. More than in Russia, China or any other country in the world! We can’t seem to build prisons fast enough to hold them all. Nor, in the public’s view, does it seem, that any prison sentence is long enough! We keep sentencing people to longer and longer terms. "Three Strikes" is now deemed too lenient. Increasingly, we are moving to "One Strike" laws!
Even more frightening is willingness of our courts to, not simply to tolerate but, actually approve of the police lying, cheating, planting evidence. In the wake of 9-11, we are now beginning to learn of the existence of "secret courts" that meet in secret - who knows where - to authorize the F.B.I., and other law enforcement agencies, to take actions that, up until now, were always considered to be clearly unconstitutional and unthinkable in any democratic society.
No wonder that, if you are accused of committing a crime today, you may feel that your case is hopeless. That you have no chance. No wonder that so many people just like you - nine out of ten - merely "roll", ie. roll over and plead guilty to whatever the police happen to charge them with. No questions asked.
Fundamental constitutional principles like the presumption of innocence, the government having the burden of proving guilt beyond a reasonable doubt, the right against self-incrimination: all seem to be antiquated, and wholly irrelevant, ideas in today’s criminal justice system.
No wonder you may be making the mistake of assuming that you are guilty as charged. No wonder you may think, "I did a particular act, therefore, I must be guilty of what the police, the District Attorney, say I am."
Have you stopped to think that may not be so? Do you understand that merely because you may have committed a particular deed, does not necessarily mean that you are legally guilty of the crime you are charged with? Do you realize that, even if you committed a crime, it may not necessarily be the crime you are charged with?
Are you aware that prosecutors routinely, and almost always, grossly over-charge offenses? Do you understand, and appreciate, that while an act is a fact, whether that act constitutes a particular crime is often a matter of opinion - about which reasonable people (even judges and lawyers) may differ?
Even more importantly, do you understand and appreciate that legal guilt is a conclusion - not a fact? It is a legal conclusion which can only be reached after a careful, and rational, analysis of both the facts and the law of the case?
The fact that someone shot and killed another does not mean that person is guilty of first degree murder and deserving of the death penalty! The killing may have been second degree murder, voluntary manslaughter, involuntary manslaughter, the result of simple negligence, an accident, or legally justifiable, or excusable, as in the case of self-defense. How many people have gone to prison - even to the death chamber - because they failed to grasp those simple distinctions!
These are not merely legal niceties. They are fundamental distinctions that lay at the heart of every criminal case whether it is a murder case or a simple charge of disturbing the peace!
Maybe you did something which makes you feel religiously or ethically responsible, or morally guilty, but you should not automatically assume that you are legally guilty! You may, or may not, be. That is a legal question, not a religious, ethical or moral question.
As noted, even if the act done does constitute a crime, it may not necessarily be the crime with which you are charged. There are also situations in which you may actually have a better chance of winning your case by admitting, rather than futilely trying to deny, the act and destroying your credibility, and believability, in the process.
Bottom line: Never assume that you are legally guilty of the crime you are charged with. Never assume that you have no defenses or that your case is hopeless. Know that every crime consists of certain elements all of which must be present for the crime to exist and all of which must be pleaded by the prosecution and either proven in open court or admitted by you.
Lastly, always remember the words of General Joseph "Fighting Joe" Stillwell of World War II fame. I have them framed on my wall where I can see them every time that I look up from my work. You should engrave them on your heart:
Illegitimis non carborundum.
Don’t let the bastards grind you down.
WINNING THE HOPELESS CASE
Admittedly, these are tough times for anybody who has the misfortune to be accused of a crime. Today no one seems to care about the rights of the accused - constitutional or otherwise. The present generation seems to be a throwback to the days of the Old West. Merely to be accused is to be presumed guilty. The old mantra from the days of the Gold Rush has been revived. "Let’s string ‘em up!" "Let’s put ‘em away!".
There are more than two million people presently incarcerated in the United States today. More than in Russia, China or any other country in the world! We can’t seem to build prisons fast enough to hold them all. Nor, in the public’s view, does it seem, that any prison sentence is long enough! We keep sentencing people to longer and longer terms. "Three Strikes" is now deemed too lenient. Increasingly, we are moving to "One Strike" laws!
Even more frightening is willingness of our courts to, not simply to tolerate but, actually approve of the police lying, cheating, planting evidence. In the wake of 9-11, we are now beginning to learn of the existence of "secret courts" that meet in secret - who knows where - to authorize the F.B.I., and other law enforcement agencies, to take actions that, up until now, were always considered to be clearly unconstitutional and unthinkable in any democratic society.
No wonder that, if you are accused of committing a crime today, you may feel that your case is hopeless. That you have no chance. No wonder that so many people just like you - nine out of ten - merely "roll", ie. roll over and plead guilty to whatever the police happen to charge them with. No questions asked.
Fundamental constitutional principles like the presumption of innocence, the government having the burden of proving guilt beyond a reasonable doubt, the right against self-incrimination: all seem to be antiquated, and wholly irrelevant, ideas in today’s criminal justice system.
No wonder you may be making the mistake of assuming that you are guilty as charged. No wonder you may think, "I did a particular act, therefore, I must be guilty of what the police, the District Attorney, say I am."
Have you stopped to think that may not be so? Do you understand that merely because you may have committed a particular deed, does not necessarily mean that you are legally guilty of the crime you are charged with? Do you realize that, even if you committed a crime, it may not necessarily be the crime you are charged with?
Are you aware that prosecutors routinely, and almost always, grossly over-charge offenses? Do you understand, and appreciate, that while an act is a fact, whether that act constitutes a particular crime is often a matter of opinion - about which reasonable people (even judges and lawyers) may differ?
Even more importantly, do you understand and appreciate that legal guilt is a conclusion - not a fact? It is a legal conclusion which can only be reached after a careful, and rational, analysis of both the facts and the law of the case?
These are not merely legal niceties. They are fundamental distinctions that lay at the heart of every criminal case whether it is a murder case or a simple charge of disturbing the peace!
Maybe you did something which makes you feel religiously or ethically responsible, or morally guilty, but you should not automatically assume that you are legally guilty! You may, or may not, be. That is a legal question, not a religious, ethical or moral question.
As noted, even if the act done does constitute a crime, it may not necessarily be the crime with which you are charged. There are also situations in which you may actually have a better chance of winning your case by admitting, rather than futilely trying to deny, the act and destroying your credibility, and believability, in the process.
Bottom line: Never assume that you are legally guilty of the crime you are charged with. Never assume that you have no defenses or that your case is hopeless. Know that every crime consists of certain elements all of which must be present for the crime to exist and all of which must be pleaded by the prosecution and either proven in open court or admitted by you.
Lastly, always remember the words of General Joseph "Fighting Joe" Stillwell of World War II fame. I have them framed on my wall where I can see them every time that I look up from my work. You should engrave them on your heart:
Illegitimis non carborundum.
Don’t let the bastards grind you down.
WINNING THE HOPELESS CASE
Admittedly, these are tough times for anybody who has the misfortune to be accused of a crime. Today no one seems to care about the rights of the accused - constitutional or otherwise. The present generation seems to be a throwback to the days of the Old West. Merely to be accused is to be presumed guilty. The old mantra from the days of the Gold Rush has been revived. "Let’s string ‘em up!" "Let’s put ‘em away!".
There are more than two million people presently incarcerated in the United States today. More than in Russia, China or any other country in the world! We can’t seem to build prisons fast enough to hold them all. Nor, in the public’s view, does it seem, that any prison sentence is long enough! We keep sentencing people to longer and longer terms. "Three Strikes" is now deemed too lenient. Increasingly, we are moving to "One Strike" laws!
Even more frightening is willingness of our courts to, not simply to tolerate but, actually approve of the police lying, cheating, planting evidence. In the wake of 9-11, we are now beginning to learn of the existence of "secret courts" that meet in secret - who knows where - to authorize the F.B.I., and other law enforcement agencies, to take actions that, up until now, were always considered to be clearly unconstitutional and unthinkable in any democratic society.
No wonder that, if you are accused of committing a crime today, you may feel that your case is hopeless. That you have no chance. No wonder that so many people just like you - nine out of ten - merely "roll", ie. roll over and plead guilty to whatever the police happen to charge them with. No questions asked.
Fundamental constitutional principles like the presumption of innocence, the government having the burden of proving guilt beyond a reasonable doubt, the right against self-incrimination: all seem to be antiquated, and wholly irrelevant, ideas in today’s criminal justice system.
No wonder you may be making the mistake of assuming that you are guilty as charged. No wonder you may think, "I did a particular act, therefore, I must be guilty of what the police, the District Attorney, say I am."
Have you stopped to think that may not be so? Do you understand that merely because you may have committed a particular deed, does not necessarily mean that you are legally guilty of the crime you are charged with? Do you realize that, even if you committed a crime, it may not necessarily be the crime you are charged with?
Are you aware that prosecutors routinely, and almost always, grossly over-charge offenses? Do you understand, and appreciate, that while an act is a fact, whether that act constitutes a particular crime is often a matter of opinion - about which reasonable people (even judges and lawyers) may differ?
Even more importantly, do you understand and appreciate that legal guilt is a conclusion - not a fact? It is a legal conclusion which can only be reached after a careful, and rational, analysis of both the facts and the law of the case?
These are not merely legal niceties. They are fundamental distinctions that lay at the heart of every criminal case whether it is a murder case or a simple charge of disturbing the peace!
Maybe you did something which makes you feel religiously or ethically responsible, or morally guilty, but you should not automatically assume that you are legally guilty! You may, or may not, be. That is a legal question, not a religious, ethical or moral question.
As noted, even if the act done does constitute a crime, it may not necessarily be the crime with which you are charged. There are also situations in which you may actually have a better chance of winning your case by admitting, rather than futilely trying to deny, the act and destroying your credibility, and believability, in the process.
Bottom line: Never assume that you are legally guilty of the crime you are charged with. Never assume that you have no defenses or that your case is hopeless. Know that every crime consists of certain elements all of which must be present for the crime to exist and all of which must be pleaded by the prosecution and either proven in open court or admitted by you.
Lastly, always remember the words of General Joseph "Fighting Joe" Stillwell of World War II fame. I have them framed on my wall where I can see them every time that I look up from my work. You should engrave them on your heart:
Illegitimis non carborundum.
Don’t let the bastards grind you down.