Justices’ Ruling Expands Rights of Accused in Plea Bargains

[1StrongBlackMan]

3. So True ...

Many years ago, while in law school, I volunteered in a Public Defenders Office. I heard a seasoned PD mentoring a newly minted attorney who was absolutely overwhelmed by her case load. His advice to her was for her to take all of her cases and after a thorough review she was to divide them up into 3 piles: Pile 1) those that she felt strongly about and believed that she could win (but limited the number of cases in this pile to no more than 5); Pile 2) those that she knew she was going to lose; and Pile 3) those she was uncertain about. He advised his mentee to litigate Pile 1 with gusto. For Pile 2, she was to do or say whatever it took to convince the defendant to accept whatever pleas that was offered. For Pile 3, she was to draw her personal line and then cut a plea deal that came closest to the line. If the Prosecutor would budge towards her line, she was to prepare to litigate; while working to get a plea deal.

The mentor told her, "Sure ... some undeserving folks will go to jail; but that's going to happen anyway if you are too unfocused on those cases that you can actually win."

On that day, I lost a good measure of respect for the legal system.