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Denial, Perspective, Jail House Lawyering

By Scoplaw

This is not so much a complaint about my clients, but rather, an observation.  I'm continually struck by how many people think the criminal justice system is an equity court.  That means people think that things go "on the whole" in front of a judge - on one side of the scale is how the cops acted, how you've been keeping out of trouble, and how your friend jacked you up with his bullshit behavior, while on the other side rests what the cops say you did.  In reality, it's a law court, which means it's about what the state can prove as to the elements (required building blocks) of any crime they accuse someone of.  So all that stuff about what led up to the crime really does not matter in many contexts, nor does the fact that the cops were jerks when they booked you...continue to full post

Full post as published by Scoplaw on July 18, 2009 (boomark / email).