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Is it harder to defend or prosecute?

I dated a federal prosecutor for three years. She will tell you any day of the week that the defense is much more difficult, at least , in a federal case. Federal prosecutors won't take a case normally unless it's airtight. And then, the US government can send an army of prosecutors, agents, forensic examiners, and witnesses against the defendant. The government has money. But the defendant many times has just one public defender and no money.

Federal prosecutors score wins over the 98% range. Sometimes even better. That's why most federal cases take plea bargains. The defense hardly ever wins
 
Exactly. The prosecution has the advantage. Witholding exculpatory evidence to police who flat out lie to experts who make misleading statements. The ball is always in the Prosecution's court because they have a virtually unlimited amount of resources.

And the supposedly neutral judge is most commonly a former prosecutor and favors the prosecution at every turn. I sat in on a 5 day trial in which that formula played out. A huge injustice was done by the judge.
 
Well, it's been a while since I touched a speedy trial issue.

As to the specific instances of plea bargaining I mentioned, it's generally poor defendants facing low-grade charges. Say, someone facing an A&B charge for a fight that didn't really leave anyone seriously hurt. Maybe they'd get a few months if any time after trial, but they'd probably have to wait as long for trial (or more, depending). If they stay in jail, they lose their job and housing if they hadn't already, which makes an eventual acquittal an generally empty victory. So they plead.

In general, it's usually in everyone's interest to get to trial quickly. Witnesses' memories will become less clear, which doesn't necessarily help the defense, meanwhile certain sorts of memories such as a witness having ID'd the defendant as the bad guy actually get more ingrained. Defense witnesses may become unavailable, whether they moved away or for some other reason. Basically, you just want enough time to fully master the case, settle on the theory of defense, and make sure all the necessaries are resolve before trial, like motions to suppress. Then, if the Commonwealth drags and drags without reason, you make noises. Usually that isn't a problem.

Actually, the main issue that comes up around scheduling for cases that actually do get to trial is not speedy trial problems. It's that the prosecution dumps a load of evidence on the defense a couple weeks before trial and then says "ok, now we're ready." Then the defense is stuck begging the court to give them more time to review it all while struggling to do so in case they don't get the time. (I recall one case where they dumped two bankers boxes of printed out cell tower locations for multiple cell phones over a good deal of time. The defense had to learn about how cellphones and cell tower worked, learn how to interpret the printouts, and then try to relate that to what it knew of the government's case......in the two weeks they had left. The judge refused to give them more time to process this stuff).

The rules on the time limits vary. There's the federal constitutional right, a federal speedy trial act, and various states have their own rules.
I'm sure "speedy" is ill-defined and subjective, too.

Your story about the judge denying the defense time to review evidence fits with my view that judges are (usually) pre-biased to the prosecution. It also fits with my idea that open-discovery would be a better way to go. Really, both sides should have equal opportunity and/or access to evidence.

Then again, I'm thinking in terms of the justice system finding the truth, and I care less who wins the case. The system can be balanced and still adversarial.
 
Consider the politicians' defence when accused of a crime....

I haven't been convicted. They know, proving a crime beyond a reasonable doubt is extremely difficult.

Consider Hillary Clinton receiving tens of thousands of dollars from Marc Rich's family when President Clinton was giving Marc Rich an unprecedented Presidential Pardon and the refrain from the left was, "You can't prove it was quid pro quo." Does anyone really have any doubt.

Lois Lerner sits and smirks as she pleads the fifth in front of Congress. That's what mafia dons and IRS managers do to avoid incriminating statements or committing perjury. But, the prosecutors can't come up with enough to even file a charge.

Does anyone really doubt O.J. Simpson killed Nicole Brown and Ron Goodman. I don't think so. Even those who were cheering his acquittal were cheering what they saw as equal treatment under the law for a rich black guy.

Defense attorneys have it made. In our small city, a man came to down to assassinate a Libyan student for Khadaffi. He was caught. He confessed. He did it. He shot the man in the head but the man lived.

He was caught. He was identified. He confessed. But, he got off of an attempted murder charge. Why? The defense said he was an idiot who thought he was working for the CIA. Being a defense attorney is much easier, and makes better money, than being a prosecutor.
 
Consider the politicians' defence when accused of a crime....

I haven't been convicted. They know, proving a crime beyond a reasonable doubt is extremely difficult.

Consider Hillary Clinton receiving tens of thousands of dollars from Marc Rich's family when President Clinton was giving Marc Rich an unprecedented Presidential Pardon and the refrain from the left was, "You can't prove it was quid pro quo." Does anyone really have any doubt.

Lois Lerner sits and smirks as she pleads the fifth in front of Congress. That's what mafia dons and IRS managers do to avoid incriminating statements or committing perjury. But, the prosecutors can't come up with enough to even file a charge.

The defense has it easy because you are politically motivated to assume the guilt of your political enemies?

You actually typed that?


Does anyone really doubt O.J. Simpson killed Nicole Brown and Ron Goodman. I don't think so. Even those who were cheering his acquittal were cheering what they saw as equal treatment under the law for a rich black guy.

The amount of white people who think he's guilty = the amount of black people who think he's innocent. There's that.

There's also the many blunders by which the police and prosecutors sabotaged their case: mishandling of blood evidence taken at the scene, asking him to try the glove on, on the stand, etc etc etc. The trial was quite an abnormal one.

It's also interesting that you picked a trial where all the normal rules are reversed. OJ was rich. He could afford a team of defense attorneys. Usually, it's just one lone defender deliberately underfunded by the state against a prosecutor, with a second seat attorney, and with an office staff who can research issues virtually as they arise - the second seat just needs to step out of the courtroom and call them. Meanwhile, that lone defender has to spend 8 hours in court, then 8+ hours back in the office preparing for the next day.

They can simply subpeona what they please and back it up with police force, but the defense has to ask the judge to issue a subpeona. The police can just try harder to find a witness the prosecution wants. The police or prosecutor can try to talk defense witnesses out. The prosecutor can threaten to bring charges against any defense witness if it has any grounds, even slight; then the judge appoints an attorney for the witness, and that attorney wisely tells the witness to take the 5th and not testify in the case. On and on and on the list goes.




Defense attorneys have it made. In our small city, a man came to down to assassinate a Libyan student for Khadaffi. He was caught. He confessed. He did it. He shot the man in the head but the man lived.

He was caught. He was identified. He confessed. But, he got off of an attempted murder charge. Why? The defense said he was an idiot who thought he was working for the CIA. Being a defense attorney is much easier, and makes better money, than being a prosecutor.

That sounds like one of the tiniest fraction of cases in which the insanity defense actually worked. . It almost always fails because jurors wrongly believe that it means the defendant will simply go free.

In other words, you lied about what actually happened. "He's an idiot" isn't actually a defense.

I'm not sure why you're so mad at the defense. Shouldn't you be mad at the jurors, whom you are obviously so much smarter than that you don't even need to hear all the evidence? If only they'd violated their oath and called you up for your opinion....





Anyway...I do finally note that the people saying the defense have it easy seem to uniformly be people with no legal experience themselves, let alone experience on either side of the criminal law.....even "second hand experience". Some of them also seem to be telling lies to justify their position.
 
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And the supposedly neutral judge is most commonly a former prosecutor and favors the prosecution at every turn. I sat in on a 5 day trial in which that formula played out. A huge injustice was done by the judge.

That, too, is true. Tons of prosecutors become trial judges, then appellate judges....
 
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