I hope a very good lawyer represents Ariel Castro

[jberryhill]

I hope that Ariel Castro gets a highly competent and skilled advocate, who will zealously defend his rights, who will challenge every procedural step and every piece of evidence and how it was obtained. I hope that his case is heard by an impartial jury, and that he has a right to appeal any error made in his trial.

Or, if he pleads guilty, I hope he does so knowing that he has a right to a trial and fully understanding his options and likely consequences of that decision.

If he is convicted, I hope he is not subject to cruel and unusual punishment.

[rightsideout]

1. Castrate Castro

[olddots]

6. Be carefull

n.t.

[jberryhill]

9. And you are the reason why

[HappyMe]

58. No kidding.

Seems that the 'right' side is showing.

[BainsBane]

2. I was just thinking his lawyer

has the worst job in America right now. Imagine having to defend him. Obviously someone has to, so good for her for taking on the case.

[jberryhill]

8. It is among the best jobs for a criminal defense lawyer

Ensuring that our process of justice is served fully - in the most likely instances where it will not, and where the most overwhelming public sentiment is that it should not - is a noble calling.

If exceptions are made, then there is nothing between us and tyranny.

The criminal defense lawyer is what stands between the power of the state and our rights under the Constitution.

[BainsBane]

12. Yes, I understand that

It's a very important role.

[jberryhill]

20. It's like looking at the Hoover Dam and saying...

...man, this must have been an awful place to be a concrete delivery man.

[snooper2]

56. Concrete wasn't "delivered" to the Hoover Dam, aggregate was brought via train

from a couple miles away and it was made there. I believe it is still drying to this day-


You haven't watched this?

[jberryhill]

60. Dam!

[geek tragedy]

52. It's probably worse to have an innocent client who's facing conviction.

That'll make a person lose sleep at night.

Losing a case with Ariel Castro as your client? Good publicity, and then you sleep like a baby.

[Bake]

53. Anything short of the DP is a win for Castro's lawyer.

So there's that ... when your client is guilty as homemade sin, the best defense is to try to minimize the damages.

Bake

[geek tragedy]

54. That should be within reach--the fetal homicide charge is going

to be easily the toughest one to make stick.

Not impossible--certainly he's going to lose a battle of witness credibility--but not a slam dunk for team prosecution either.

[BainsBane]

73. they should plead the case to life

and spare the victims from testifying.

[BainsBane]

65. except people always hate these guys lawyers

Many don't understand how important the defense attorney's role is to our justice system.

[geek tragedy]

68. Lots of people hate all lawyers

We're used to it.

[morningfog]

67. You are right about the ones that cause sleep loss.

[Blue_Tires]

64. I'm betting law firms are lined up around the block to defend him

they get to make a name in this, too

[upi402]

3. no pity

fuck that shitsack

[RedCappedBandit]

5. What does pity have to do with the OP?

[jberryhill]

14. Amazing, innit?

Screw the Constitution, git me mah pitchfork!

[upi402]

15. again, fuck that freak

any questions?

[Mr. X]

24. Again, the Constitution.

Because it does say things about this - That is, innocent until proven guilty.

[bike man]

34. Here's an interesting item regarding things NOT in the Constitution

http://www.usconstitution.net/constnot.html#innocent


"Innocent Until Proven Guilty

First, it should be pointed out that if you did it, you're guilty, no matter what. So you're not innocent unless you're truly innocent. However, our system presumes innocence, which means that legally speaking, even the obviously guilty are treated as though they are innocent, until they are proven otherwise.

The concept of the presumption of innocence is one of the most basic in our system of justice. However, in so many words, it is not codified in the text of the Constitution. This basic right comes to us, like many things, from English jurisprudence, and has been a part of that system for so long, that it is considered common law. The concept is embodied in several provisions of the Constitution, however, such as the right to remain silent and the right to a jury."

[uppityperson]

61. Thank you for posting that. Too many confuse real world guilt with legal "guilt"

[morningfog]

69. Wow. That is more extreme than Scalia's textualism.

[jberryhill]

72. So, wait...

If I walk up to you and slap you in the face, are you going to sit there and wonder whether or not I am guilty of assault?

Are you going to call the police and say, "Some innocent person may have just committed a crime, but of course I will not know that until a trial is held", or are you going to say, "Some SOB just hit me!"?

[jberryhill]

71. Correct - that maxim sets the burden of proof at trial

If there were some personal duty to consider anyone "innocent", as some matter of one's own opinion, it would be a ridiculous thing.

I'm pretty sure that at every trial there is at least one person, namely the prosecutor, who most certainly believes the accused to be guilty and indeed says so. The prosecutor must prove the state's case to the satisfaction of those who are to presume innocence unless guilt is proven beyond a reasonable doubt.

If I walk up to you in the street, mug you, and knock you down onto the pavement, you are not expected to get up and say, "Golly, that innocent guy just left with my wallet."

[LanternWaste]

51. Justice, not pity. Law, not vengeance...

Justice, not pity. Law, not vengeance...

That very distinction is one of the few things that separates us... well, most of us, from the lower animals orders.

[Gman]

4. He needs someone that can cut a deal to avoid the death penalty

He'll be lucky if anyone can do that.

[steve2470]

7. Perhaps if he pleads guilty and his attorney goes for life without parole ?

I would not be surprised if the Cleveland DA goes for the death penalty, no matter what.

[Gman]

11. That's his best hope

I read earlier that because he made one of the women miscarry 5 different times they're considering the death penalty.

[elleng]

13. From what I've heard, obviously just rumor etc.,

he may have an insanity defense, and a possible 'deal' to keep him incarcerated and/or held indefinitely, assuming he's competent enough to stand trial and/or agree to a deal.

[Gman]

16. I guess you'd have to be some kind of crazy to do what he did

[jberryhill]

17. Insanity?

He's got to show a long stretch of legal insanity. I can't see plausible insanity as to culpability here, nor a competence issue.

But whatever deal he makes, as long as he doesn't see the light of day, that's fine with me.

[elleng]

19. Yes, agree, no more light of day.

[vankuria]

48. I don't see how an insanity defense could work

in this case. Castro knew what he was doing was wrong and took great pains too hide it from everyone he knew, family, friends, neighbors, etc. I don't know what kind of defense this guy could possibly have, since all the victims are alive to tell their stories. His best hope is a plea deal to spare the victims further trauma of having to testify in court. I would imagine life in prison without parole.

In my humble opinion, the death penalty would be too good for him. He should be imprisoned for the rest of his life and given the nature of his crimes, that will be his own living hell.

[Warpy]

10. I hope his brothers turn on him

and his very good lawyer convinces him of the wisdom of accepting a plea bargain that takes the DP off the table.

Then I hope he stays locked up where he can't hurt anyone ever again.

I also hope FBI psychiatrists learn enough from him that they can spot the next man who wants to kidnap human sex toys sooner.

[jberryhill]

18. Yep

[4 t 4]

21. WHY????

I hope a very good lawyer represents Ariel Castro

[RedCappedBandit]

22. Because that is how justice is accomplished.

[jberryhill]

23. Yeah, so do I

Because it is the only way to get an outcome to stick.

You see, if he doesn't get good representation and counsel, then convicting him doesn't do any good.

*I* am not his counsel. *I* hope he never walks free again. I am entitled to that opinion.

But if he wants to make a deal, then helping him make and evaluate that deal is part of his lawyer's job too.

He doesn't have a ghost of a chance of winning a fair trial. But if he wants one, I hope he gets one.

[4 t 4]

25. yea I also hope he gets a fair trial- NOT because 3 girls and one child must be mistaken!

. But if he wants one, I hope he gets one.

[talors511]

43. that's right.

I hope so too.

[hrmjustin]

55. Welcome to DU my friend!

[Summer Hathaway]

26. Very eloquently put

both the statement, and the lesson behind it.

[4 t 4]

32. Thanks, what is the lesson behind it when 3 girls where held for a decade

and a little girl , sorry I wasn't so elegant .

[Summer Hathaway]

38. The lesson being

that the horrendous details of this (or any other) crime do not negate the defendant's right to competent counsel, who will advocate for his client to the best of his skill, talent, and ability.

In this particular case, I think we all know what the verdict will be, when all is said and done. But HOW all was said and done leading up to that verdict should be above reproach.

[whathehell]

27. That's nice.

[steve2470]

28. People tend to forget that they, too, may be accused of a crime one day and need counsel

Not as bad a crime as Ariel Castro is accused of, of course, but perhaps falsely accused by the police of a crime.

Case in point (very trivial): My local gendarmes rousted me from a nap and questioned me about a "suspicious" scratch on my left front fender. There had been a hit and run accident in my neighborhood, and my car fit the description.

Long story short, the cops decided there wasn't sufficient evidence to go any further. Of course not, I had nothing to do with the accident. However, I was quite apprehensive they were going to arrest me for it or at least give me a huge ticket. If I had been arrested, I would have wanted the best defense lawyer I could afford.

[jberryhill]

29. That's when you say

"No, I couldn't have hit that car. That scratch is from the old lady I ran over last month!"

[steve2470]

30. I'm sure that would have been the winning answer !

[jberryhill]

31. Either that or the Fifth Amendment

[steve2470]

33. It passed through my mind to say that, but naw...

I think these cops would have cuffed me on the spot and charged me. I was well and truly frightened of being arrested for the first time in my life. Now I have much more sympathy for defendants.

[4 t 4]

35. you guy's are a big fat joke

he already confessed.

[jberryhill]

37. Ah, of course

The entire process ends when there is a confession. Of course!

[uppityperson]

63. No apostrophe is needed when you pluralize a word

Cat cats
Guy guys

[JDPriestly]

36. Agreed.

[GCP]

39. I agree

And I hope the impartial jury weighs all the evidence and convicts.

[brush]

40. You hope he is not subject to cruel and unusual punishment.

He won't last long in prison. The cons will have the long knives out for him as soon as he gets there. What he allegedly did is the lowest of the low, along with child molestation and rape. They will take care of him quickly.

[bravenak]

41. Ain't gonna be no trial.

His type try for a deal. There is too much evidence, why let all those details come out at trial?

[Luminous Animal]

42. Thank you. Thank you. Thank you.

[ellisonz]

44. And then found guilty...

...sentenced to death, and after choosing to not appeal his case any further, put twelve feet underground by the state.

[Sherman A1]

45. Agreed

and eloquently stated. I want a very complete investigation and transparent process.

[cali]

49. Yes. It's not about him so much as it is about our criminal justice system.

That said, I hope he pleads guilty, sparing the women the ordeal of testifying and the circus that a trial will be.

[jberryhill]

59. Good point

I don't know whether trials serve a public catharsis function, or prolong fixation on horrible things.

[COLGATE4]

50. K&R x 100

This is exactly the type of defendant that requires scrupulous due process.

[lapislzi]

57. Have to agree, and rec.

That's why we call it "civilization." We need to remove the uncivilized from society, for the good of all.

Whether that is accomplished by putting this individual to death, or by permanent incarceration in a secure and solitary facility is not for me to decide.

In a smorgasbord of sucky outcomes, maybe the best thing that could happen was that this miscreant finds religion in the prison from which he will never be released and works toward victim advocacy, or something similar.

Atonement doesn't fix anything, but it might be the only kind of justice (as opposed to punishment) society could reasonably expect to attain.

Thank you for this distasteful, but necessary, post.

[brooklynite]

62. What do you consider "cruel and unusual"?

I personally don't agree with the death penalty, but neither do I believe that life in prison needs to be particularly comfortable.

[jberryhill]

70. I believe the death penalty should be abolished

It remains the law in many jurisdictions and has been found many times not to be "cruel and unusual".

My personal belief is that it should be abolished, as it serves no useful purpose, deprives worthwhile research of subjects, is difficult to administer in view of the various mandatory reviews and safeguards, and nonetheless is prone to irremediable error.

[morningfog]

66. I hope this for every criminal defendant.

[msanthrope]

74. This is the type of case I would love to defend. nt