Several recent high profile cases, including the case of the West Memphis Three, have revealed (again), that factually innocent defendants do plead guilty. And, more disturbingly in many of the cases, the defendant’s innocence is known, or at least highly suspected at the time the plea is entered. Innocent defendants plead guilty most often, but not always, in two sets of cases: first, low level offenses where a quick guilty plea provides the key to the cellblock door; and second, cases where defendants have been wrongfully convicted, prevail on appeal, and are then offered a plea bargain which will assure their immediate or imminent release. There are three primary contributing factors leading a criminal justice system where significant numbers of innocent defendants plead guilty to crimes they did not commit. The first is the perceived need that all defendants must plead. The second is the current draconian sentencing regime for criminal offenses. And, the final contributing factor is that plea bargaining is, for the most part, an unregulated industry. This article discusses cases in which innocent defendants plead guilty to obtain their release, thus joining the “unexonerated” and then propose several options the criminal justice system should embrace to avoid, or at least ameliorate the plight of innocent defendants who plead guilty.The case of Kerry Max Cook provides a vivid case study of an episode where "defendants have been wrongfully convicted, prevail on appeal, and are then offered a plea bargain which will assure their immediate or imminent release." But less frequently discussed are low-level offenses where defendants enter pleas just to get out of jail and get their cases over with.
That second category of innocence cases - that are typically beyond the current purview of "innocence projects," which because of a lack of resources focus on the most serious cases - is bigger than it should be because of the common practice of requiring bail for low-risk defendants, which puts pressure on them to plea out to gain their release. Last year in Harris County, for example, Grits reported recently that, "27,635 people, or 46% of misdemeanor defendants couldn't make bail and remained in jail either until they pleaded out or their case was otherwise resolved. Among felony defendants, 69% could not make bail and remained incarcerated until their cases were disposed." Those are precisely the categories of offenders who are most likely to include innocent people who enter guilty pleas out of convenience and/or cost-benefit analysis as opposed to criminal culpability.
H/T: CrimProf Blog.
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19 comments:
And how many pleas are taken in cases with "Brady Cops" who are not disclosed as such prior to the plea? Why are police that I have caught in lies not on a Brady List after one their cases is dismissed because they got caught lying in an affidavit or sworn report or their testimony was impeached by contradictory testimony in another proceeding? Agencies should have to keep and report Brady lists to prosecutors who also keep lists which should always be available to the defense. No pleas should occur without these disclosures.
http://www.policemisconduct.net/
To anonymous at 8:32...
I think you have a great idea. It should be codified and implemented in the same piece of legislation requiring all attorneys involved in a criminal prosecution to swear to tell the truth, the whole truth, and nothing but the truth when either prosecuting or defending the accused. Lord knows I've watched enough defense attorneys intentionally and shamelessly lie to judges and juries over the years. I'd say the ratio of lying defense attorneys to lying cops is about 2000 to 1 in my experience and observation. We fired our liar & ensured his TCLEOSE license was pulled but I see the same lying defense attorneys still have a license to practice. I'll be happy to maintain that Brady list if you'll raise your right hand next to me before the trial starts.
North Texas Cop, I must say I expect you to follow Brady regardless of what criminals or their representatives do. Your integrity should not be dependent on the crooks', and you know as well as I do the defense lawyer's institutional role is quite different from yours. Also, I'd guess the ratio you describe is much smaller than you portray. See here (pdf) for one example of research to that effect.
Happy to always tell the truth and even swear to it as I agreed to do when I became an attorney. I would point out that attorneys don't testify they merely ask questions and comment on the evidence that the jury heard. Happy to hear that y'all fired your liar up there. Did any of you hear about Officer Yang in Deer Park, TX. Caught stealing from his fellow officers sandwiches and energy drinks. When they finally got tired of leaving notes asking the thief to stop they put up a camera and caught him. The Chief wanted to fire him, but the city manager only wanted to suspend him because he raised so much money for the city. I lost a noise ordinance case to him and knew he was lying big time but the jury believed him over the cited citizen (good friend of mine i'm admittedly bias but I have attended many gatherings at his home and never heard anything like the officer testified to,to win that case). Now that I know the officer would steal from his fellow officers I have no doubt that he would lie to win his cases.Small time, but we really can't let people like that stay in the job.
Grits, there may not be so many defense lawyers who are dishonest, but there are a disproportionately high number who are incompetent, lazy or some combination thereof. In regard to Brady evidence, it makes no difference how open and forthcoming police or prosecutors are, if defense attorneys don't take time to look at the evidence or don't know the importance of what they're looking at when they do. This is not an insignificant part of the problem when it comes to risks for wrongful convictions.
My son is doing a 45 year sentance for aggrivated robbery. He has been locked up since he was 17 after being bullied into signing a guilty plea by Kirsten Payne. He was not id'd by the victim. He will turn 35 in November. We were poor. I believe he has paid his debt for the driving of the car for this offence. His co-defendants did not do nearly the time my son has. It is very unfair that the amount of money you have can dictate weather you are innocent or guilty!!
Most of the tulia defendants plead guilty....they would fall into another category; systemic ineptness
Dumb question: What was the legal mechanism to dismiss the charges against the Tulia folks? Did the prosecutor enter a motion, the defense enter a motion or was it kicked up to a higher court?
Another question - Did those Tulia people that pled guilty prove specific perjury in their individual cases or was Coleman's perjury in other cases enough to dismiss all the cases?
I believe it was a habeas petition, 8:44, though IANAL. What happened was one of the cases that didn't plead went to trial and they proved Tom Coleman had perjured himself, then used that to challenge the other convictions. Instead of going back to the judge who convicted them, a visiting judge was appointed, Ron Chapman (for reasons I can't recall). I was actually in the Swisher County courtroom the day everybody walked free. The Lege passed a law specifically aimed at their case that let them out on bail pending the CCA's final decision (John Whitmire carried it), and everybody got out at once. Incidentally, as I understand it that law has since been used to let DNA exonerees free after their Chapter 64 motions demonstrated their innocence pending the outcome of habeas proceedings.
On Coleman's perjury, on at least a couple of them (maybe more, I can't immediately recall), it was specific to the elements of their charges. On the others, he had perjured himself generally about his gypsy cop background and specifically regarding theft charges lodged against him during the investigation that he (and the Swisher County Sheriff) didn't admit to the court. He was the only witness in all the cases with no corroboration, and once he was demonstrated a liar there was no other evidence supporting the charges.
Of course, see Nate Blakeslee's excellent book on the topic for a much more detailed account of the legal proceedings.
How do so many incompitent lawyers make it through undergraduate studies, LSAT, law school and the state bar exam?
Hey Grits, I caught it back in July and hoped you would do something with it. While the article’s ‘Abstract’ makes for a good segway into the Post, ‘it’ & the accompanying 27 pgs. leaves out many other variables to consider as to why factually innocent defendants plead guilty.
I asked the authors’ (Mr. Blume and Ms. Helm) why they chose to leave out the following:
*Criminal Defense Attorney / Lawyer Deceit –
Probationers’ (virtually having one foot in & one out) that are (Guilty or Not) detained & arrested on a new charge are advised by all three types of CDLs: *hired, *appointed & *public defenders prior to and / or at lunch recess during jury trials to - “take the plea. Despite a Guilty or Not Guilty verdict, you are going to prison just for being on probation at time of arrest.” Factoid – The H.C. Probation Dept. has confirmed that “it’s not revoked until one signs the plea bargain papers.” AND for those that sign it (willingly or tricked), you aint appealing and everyone knows it.
Lesson – Despite what others wish us to utilize in the blame game that diverts the need of jury trials, the leading causes of wrongful convictions obtained via the TapOut are directly associated with clients on probation and a DEFENSELESS defense counsel.
*The Courts (Law) allowing the unqualified & inexperienced to dabble:
Ex. Divorce & Estate specialist
can publically portray themselves as CDLs, be referred to and as CDLS, consult with clients and / or their families in criminal matters, quote fees to take it to a jury trial, take down payments, rec. monthly installments, participate in voir dire, file pretrial discovery motions 30 days prior to trial, not know what to do when they are all ignored by the court & the clerk of court is instructed not to record them & lie to defendant as outlined above to obtain the initial goal of PLEA BARGAINING.
Lesson – It takes three to plea (Guilty or Not). When an entire state condones it, ignores it & lets others worry about the fallout and pick up the tab, you get Texas aka: “The Great State of Confusion”. Where jury duty is full of dooty when not allowed to fulfill their civic duties and fakers & shakers rub elbows with real CDLs in a three ring circus jerk. Thanks.
Free for all - Re: the "69% could not make bail and remained incarcerated until their cases were disposed."
Anyone know or care to guess what percentages of the 69% felony cases and / or the 46% of misdemeanor cases where on probation?
The comments beg the next dumb question: Are defendants legally entitled to a jury trial if probation is revoked? Say misconduct or perjury was exposed after the plea. State argues you violated conditions, defendant argues State achieved plea on twisted facts, intimidation...
There are dumb questions and dumb answers. Your Qs' are not dumb. In order to obtain the correct As to legal Qs you must pose them to the correct people. *A 14 year old
could could play attorney and you'd be dumber than dirt.
Consider asking Mr. Mark Bennett of the Houston Law firm - "Bennett & Bennett" via his email only. Don't be vague or too lengthy.
I agree that lying attorneys far out weigh lying cops. As an innocent accoused of a crime that i did not commit for the sole reson that i did not have any witnesses and the alleged other party had his girlefriend back his lies. to make matters worse it was my ex husband and the woman he had an extended affair with that falsely accused me. My so called attorney talked me into taking a plea bargin for no contest guilt, even though i am and was innocent. He got paid in advance and over a year later convinced me to take a plea in exchange for my freedom. He had me convinced that i would go to prison for a crime i did not commit and in fear and cohersion i i took a plea wanting the entire episode to be behind me. He lied to me, lied in court and backed the prosecutors side after informing me that he belived i was innocent and was convinced i would get a sole slap on the hand. i have never had a back ground, arrest or issues with the law and i came from a background of fire/ems and even the judge did not belive my creditable witnesses and 100s of letters stating for my character. Come to find out Attorney and Judge are golf buddies and had been sometime prior to this false conviction. Thank you to all those crooked lawyers for sending yet another innocent to the choping block.
I can vouch that not all 46% were on probation or parole or had ever had a record or run in before being bullied into taking a false plea. The public is so fooled to think that our justice system is just or that we are free or have freedoms here in the united states: yet we contiune to send our sons, daughters, friends and loved ones to fight and lose their lives for what the majority thinks is freedom. I hate to disappoint so many Americans but open your eyes!
true to that. i got to see for myself how money wins even when money is the guilty, lying party that sheds tesrs and waves bills and sends innocent to jail or prison for crimes they are innocent of.
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