But [the defendant] rejected the offer, allegedly after his attorney convinced him that the prosecution would be unable to establish intent to murder because the victim had been shot below the waist.
East Manitoba Regional Junior Kabaddi Champion '94: I gotta say, the full magnitude of this had not struck me before
WASHINGTON — Criminal defendants have a constitutional right to effective lawyers during plea negotiations, the Supreme Court ruled on Wednesday in a pair of 5-to-4 decisions that vastly expanded judges’ supervision of the criminal justice system.
Justice Scalia, in a dissent joined by Chief Justice John G. Roberts Jr. and Justices Clarence Thomas and Samuel A. Alito Jr., called all of this “a process of retrospective crystal-ball gazing posing as legal analysis.”
Yet, clearly, there's a need for something that accomplishes the intended purpose of such programs.
Justice Kennedy wrote that plea bargaining “is not some adjunct to the criminal justice system; it is the criminal justice system.” He added that “longer sentences exist on the books largely for bargaining purposes.”
Here's where the story gets relevant: he gets a public defender. The defender urges a plea deal. The public defender assigned to a guy arrested due to mistaken data entry error in relation to a crime that he was the victim of urges a plea deal.
Not addressing your point about American incarceration rates, but just to riff off on the Indian perspective. Thing is, despite the Union's occassional predilection for violent responses (responses that, I hasten to add, are often at odds with the non-violent ideology under which the country was established in the first place), India is, by any measure possible, a grossly under-policed country.
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