tag:blogger.com,1999:blog-8597101.post7472811584352831469..comments2024-03-25T20:06:39.794-05:00Comments on Grits for Breakfast: 'Economist': Judges must seize back power from prosecutorsGritsforbreakfasthttp://www.blogger.com/profile/10152152869466958902noreply@blogger.comBlogger13125tag:blogger.com,1999:blog-8597101.post-5625127005984935522014-10-10T12:11:22.509-05:002014-10-10T12:11:22.509-05:00
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Not true at all... not that is a load of ...@12:30pm<br />Not true at all... not that is a load of crap. There is no database to track but you should try typing in a judges name and the word prosecutor on the internet and see how often their names show serving as the prosecutor or in the prosecutors office.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-26697360630409118072014-10-09T12:30:53.382-05:002014-10-09T12:30:53.382-05:00Not true at all that the majority of judges are fo...Not true at all that the majority of judges are former prosecutors. Many judges are former criminal defense attorneys, or former civil lawyers who hardly ever appeared in court, or former city council type politicians who have a familiar name. What is certain is they are all part of the same bar association, they all live in close proximity to each other, they all are involved is similar community organizations, and what is best for the criminally accused often takes a back seat to the relationship between the lawyers. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-33589086243022914542014-10-08T21:05:35.884-05:002014-10-08T21:05:35.884-05:00Well 3:38, considering how the system is stacked a...Well 3:38, considering how the system is stacked against defendants, they should be scared of going to trial, ESPECIALLY IF THEY ARE INNOCENT. Guilt or innocence don't matter in the current system. The prosecutor will lie, cheat or steal to get a conviction. The judge will bend the rules, or make up new ones to help get a conviction. And, the gullible juries have mostly already made up their mind that the defendant is guilty before the trial even starts. So, under the current system, it is often the smart and safe thing for even an innocent defendant to accept a plea bargain. Do you think that is a good thing, 3:38?<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-76433237478885042042014-10-08T15:38:59.981-05:002014-10-08T15:38:59.981-05:00It's kind of amusing to me that the concept of...It's kind of amusing to me that the concept of plea bargaining is somehow a "tool" used by the prosecution to oppress. In our county, nearly every criminal defendant WANTS to plea bargain because they are scared of what juries will do to them if they go to trial. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-68550314084450872312014-10-08T14:19:50.045-05:002014-10-08T14:19:50.045-05:00The interesting part of the second article was som...The interesting part of the second article was something to the effect of if a defense lawyer makes a deal with a witness for an alibi testimony it is a crime (bribery) but if a prosecutor makes a deal with a witness for incriminating testimony its is acceptable as usual business. Very interesting that what is good for the goose is not for the gander.Leenoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-86292872001798188992014-10-08T12:40:03.585-05:002014-10-08T12:40:03.585-05:00In Texas, the system would collapse under its own ...In Texas, the system would collapse under its own weight if only 10% of criminal defendants demanded a trial; especially if they exercised their right to a SPEEDY trial. <br /><br />There are simply not enough judges and prosecutors to conduct that many trials and hiring the necessary personnel would also require building lots of new courtrooms and offices. So a big county-level tax increase would be required, the brunt of which would, most likely, be borne by people who are not common criminals. <br /><br />The prosecutors are already complaining that they are overworked by the Morton act's requirement that they turn over evidence favorable to defendants. Terry Breen on the TDCAA board labeled it an unfunded mandate. Overall his opinion stinks but he is correct that following the law will add to his workload. IMHO a better answer for controlling costs is to dismiss more of those marginal cases. Whatever. Let his boss figure that out.<br /><br /><b>Limiting plea bargains means that politicians would be forced to choose between raising taxes or dismissing more criminal cases.</b> Can you think of any Texas politician that wants to make that choice?Pragmaticnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-41562610693208761842014-10-08T07:44:13.478-05:002014-10-08T07:44:13.478-05:00the majority of Judges were previously prosecutors...the majority of Judges were previously prosecutors??? isn't that why he/she leans toward the prosecutor or takes on the roll of the prosecutor...thanks to the wrongful convictions many times created by the prosecutors this wrong doing is costing the taxpayers millions of tax dollars each yearPAPAhttps://www.blogger.com/profile/05778667657874134437noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-43409139321416098612014-10-08T05:03:27.538-05:002014-10-08T05:03:27.538-05:00Just felt the need to add that, in Texas, most of ...Just felt the need to add that, in Texas, most of the time the judge IS the prosecutor. And it's so obvious, that if you ask jurors in post trial interviews which side the judge was on, most would say the prosecutor's side. Sadly, most jurors believe that's how the system is supposed to work. TriggerMortishttps://www.blogger.com/profile/13488782801153643342noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-85086227899263441102014-10-07T20:56:35.539-05:002014-10-07T20:56:35.539-05:001. Death Penalty for prosecutor misconduct.
2. A...1. Death Penalty for prosecutor misconduct. <br />2. Abolish plea bargaining in all of its forms.<br />3. Make the state fully fund the defense or at least provide, for free, the same resources the state has at its disposal when conducting a trial. <br /><br />DA's, prosecuting attorneys and doctors all bury their mistakes.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-54583690793386009282014-10-07T18:33:01.370-05:002014-10-07T18:33:01.370-05:00Judges can reject plea agreements, but that doesn&...Judges can reject plea agreements, but that doesn't stop prosecutors taking the case to a different Judge. Happens all the time ... or, just bring the case before the same Judge on a different date but meet in chambers prior to sentencing. Happens all the time.<br /><br />The plea bargain is the solution to move the docket. The please agreement is also the problem with the system. <br /><br />Judges most often just rubber stamp the agreements.<br /><br /><br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-85201373907376071512014-10-07T15:34:19.794-05:002014-10-07T15:34:19.794-05:00There was a segment the other evening on 60 minute...There was a segment the other evening on 60 minutes on the problems with mandatory minimum sentences. They were particularly focused on Florida. That got me to wondering. Other than enhanced punishments for repeat offenders and major sex crimes, are there any real onerous mandatory minimum sentences for first time offenders under Texas law? <br /><br />Also, I thought Texas judges typically had the power to accept or reject any plea bargain under Texas law. To that degree, aren't Texas judges already a part of the plea bargaining process? Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-31636348146899285942014-10-07T12:51:53.415-05:002014-10-07T12:51:53.415-05:00The funny thing is that the judge's best weapo...The funny thing is that the judge's best weapon for this would be... jury nullification. Let the jury decide what the law <i>really</i> is, after being instructed by the judge.<br /><br />As an example, I was on a veneer for a jury a few weeks ago. (I shockingly was struck.) One of the charges was racing, and the way the prosecutor was emphasising the elements (trying to outgain or outdistance another driver, or prevent them from passing) made it clear that there wasn't any <b>actual</b> racing going on.<br /><br />If the jury was told, "you've been instructed what the law is, but you also carry your life experiences as to what constitutes a 'race'" then there is no way a jury would find that someone is racing just because they wouldn't let someone pass them on the highway.Phelpshttps://www.blogger.com/profile/06270536870200063563noreply@blogger.com