Are Plea Deals EVER a Good Idea? (Dan Canon Interview)
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- Опубліковано 2 вер 2022
- -- Dan Canon, civil rights lawyer and law professor at the University of Louisville, joins David to discuss his book Pleading Out: How Plea Bargaining Creates a Permanent Criminal Class. Get the book: amzn.to/3ctNKHk
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Broadcast on August 30, 2022
#davidpakmanshow #pleabargain #pleadeal
Our "Justice System" isn't actually about justice.
Just a labelling error 🥸
This problem needs to be addressed because it is a massive failure of justice and i applaud you for having this decent logical professional on your show.Well done
The author explained why plea bargains work for prosecutors, but how does that equate to creating a permanent criminal class? He didn’t connect those two concepts.
I think the implication is, unless you are rich, if you get into trouble (even for minor offences) it could result in being incarcerated if you refuse a Plea. Creating a so-called “criminal class” by default. (My interpretation anyway)
I don't think he was cryptic about it. Plea deals are still convictions. Once you have one on your record, you're screwed.
David hits a home run with each of his topics and guests, yassss,! Great segment, DP.
Illuminating interview. Thanks, David!
Not if it is in regards to the Republicans, and their followers, plea deals just sweep the issues under the rug, and hoped to be forgotten.
I wont forget ;)
There are plea deals in every state
@Khalfani There are Republicans in every state, too.
It depends on circumstance. I was facing charges over bullshit and an illegal search. My public defender wanted to take it to higher court (for the police violating my rights) but I lived so far away, it didn't make sense. Basically - as long as I stayed out of trouble for a year, the charges were dropped. If I'd gotten into trouble again - the charges would come back to haunt me. Anywho - it was pretty much a bad mix of strange circumstances that led me there (I'm not running around committing crimes, so I was very confident I'd be okay for that year). I never personally speed, I drive by the book to avoid pigs because DUH! My sister had happened to give me flexeril to try for my shoulders. Didn't even try ONE and got popped - they charged me with drug dealing too 🤣 Technically having someone else's script is a felony but the drug isn't even on the control substance list (you can't get high on it, it's like a sleeping pill).
The really frustrating thing about it - if healthcare was affordable, I'd have been in to see a dr for my rotator cuffs and got my own medications.
Pigs seem to instinctively find ppl who are already down on their luck to torture.
The fact that you only refer to police as pigs says a lot about how you view the law
Well hope you stay out of trouble
Very surprising information. Thank you for this information
Plea Deals are a part of the system as presently constructed. Pragmatically, it's a means of metering the flow in the Justice System, processing out tiny matter things and filtering down to those more thickly entangled in too big issues with all of their implications.
It's a pretty screwed up system when it comes to cash bail and such. Let's go say for example... You get arrested. You can't afford to bond out. You can't reach someone to bail out. Or don't know anyone who owns property(here in some counties in the south the bail companies require someone to be able to put up a collateral(which could be the deed/title to your house or car) AND pay the 10/12% of the bail to double guarantee you'll show up for court
So. AFTER your bail hearing you have the arraignment a few days later.
That's when you plea not guilty or guilty. If you plead not guilty they will set up the court date for trail.
And let's go say you're in jail and can't bail out and the courts are still backed up because of covid...
And let's just say your bail is 5 grand, 500 bucks with a bondsman. And you can't even get that together .... let alone the collateral.
So they set the court date for a year and a half out. And since you can't bail out of jail and you plead not guilty, you get to sit and wait until your court date in jail.
Unless you take the prosecutions plea which they will offer you at arraignment. And that's the real rub because what kind of a choice is that? Wait a year and a half incarcerated for you to be able to even try and fight your case with a public defender meanwhile you lose your job, can't pay rent/lose your place/apartment .... or are you going to choose the option that lets you get out that same day but you'll have community service, fines, probation and whatever terms and stipulations they may put into your probation as well.
It's a pretty screwed system.
There is a simple answer to that, do not waive your right to a speedy trial. In California they have 30 days to get you in front of a jury.
GREAT interview
This is really interesting and informative
Very interesting. You need an hour minimum with him.
Seems as if more than a majority of criminal and civil cases are settled with deals. Strange that more legal eagles and professionals don't compile data and examine the consequences. To the untrained eye it seems the government and individual prosecutorial offices benefit, while the individual citizens, communities and a democratic society don't.
Everybody involved benefits. Our justice system is an industry, just like any other. If nobody is getting arrested, nobody's making money.
Kalief Browder - Look him up if you never heard of him.
I agree that plea deals create a criminal class...
That's why I like presidents that immediately put to death when they commit treason.
The majority of the situations in being arrested are the charges on the offense being overcharged/ upgraded, to more serious offensives, based on inadequate investigation! This is because the local authorities need to appear, that they the authorities, are attempting to protect it's community's residents! Many arrest particularly in small communities are not even mis-demeaners, but are upgraded to overcharged and into felonies, the prosecutors offer plea deals so that they can settled w/o going to trial, even if you have an expensive attorney to represent you, "you see your attorney and the lead prosecutor playing "let's make a deal". Give me less time for this arrested individual and I will get my other client to accept a longer sentence on that case"! It is all a matter of perception to make the community think that the local authorities are actually protecting it's citizens, rather than the officer dozing at the end of a road, hoping for a speeder to drive by. Reason why plea bargains are settled at 98.5% percent. This way the local AG Prosecutor appears they are getting the "big bad criminals offenders" off the roads, when the real reason is false perception so that the local police and attorney general's get town, city, state and federal funding if their conviction rates are high! Funding to pay the officers, staff and probation officers.
They never consider that the person who is basically forced into accepting the plea deal to lower confinement time will still be a felon who will have that on his/her records for decades or a lifetime if they can not qualify for an annulment or expungment after 10 years. These inmates are branded for live because they needed a sacrificial lamb to take the fall!
going by the idea of "innocent until proven guilty", i think those waiting on a trial should either have to wear an ankle monitor, but other wise be allowed to live at home and to go on living their lives as they would normally, OR be placed in a no-frills type hotel and kept under guard there, where they're not subject to other inmates as they would be if they were awaiting trial in a jail cell.
that way, if they are truly innocent of what ever crimes they're charged with, or found to be innocent, they won't be quite as badly traumatized as they might be if they had to spend all that time in a jail cell with hard-core criminals and lunatics.
one crazy people are not criminals... Two you only wait in jail if you can not afford bail... Three there's a huge difference between jail and prison... And four you can go through the whole Fucked BS thing and never set foot inside a jail and still be forced to take a plea... And they should be informing People about what's called a Alford plea... Which public defenders Never seem to do... and they need to stop criminalizing mental illness, poverty, addiction and homelessness...
So you have never heard of the term released on ones own Recognizance? Or "surety"... have you? Based on the "innocent until proven guitly" an ankle bracelet or kept under guard is anti-thetical to that concept.
@@hunnybadger442 i agree with a lot of what you say. but i still think, going along the lines of innocent until proven guilty, NO one should be put in a jail cell to await trial. that's all i was saying.
@@robertcampomizzi7988 one must be realistic. yes, innocent until proven guilty, but some people ARE guilty of the crimes they're accused of. but all the same, better to have to wear an ankle monitor or be placed in a simple hotel room under guard than to sit in a jail cell if you can't make bail, with who knows what kind of criminals sharing that cell with you. in case you really ARE innocent.
@@quinnoshaughnessy I agree as well...
From this, it would seem likely that those on death row in USA who had stubbornly refused a plea deal on the basis of innocence should be looked at carefully by innocence projects. How many are being punished for trusting in Justice?
If we are talking about tRump, the answer to a plea deal is NO.
This guy has never served on a jury. It can be soul killing. I was on jury for a murder case. It was awful...coming to a fair, lawful decision was excruciating.
I don't ever want to experience it again.
I surved on a jury 5 years ago and it was potentially a death penalty case. For the most part jurors are dumb and get held up on stupid points while ignoring key details.
Land of the Free BTW
😂😂😂😂😂 😱 😭
Wow. Disgusting.
Talk about the war sometime as well
In my case (funny enough it was in Alaska in the early 2000's), I had so much overwhelming evidence that the criminal took the plea deal so their parents didn't have to see the crimes they committed in court. He was already doomed, so why make his family relations worse with them by allowing them to see that evidence?
The only perk for a survivor with a plea deal, is they don't have to go to trail and face the person that hurt them again. The criminals usually get less time than they would for the crime, had they have gotten from a full sentence given by a jury.
Feel free to ask me anything, It was a long time ago, and I was just a kid like Epstein's survivors, but I learned more than I should have, happy to share what I know.
Dan Canon seems pretty educated, but It would be really good for him to look into a better reporting system to prevent criminals from even happening in the first place. (Yes, it's possible) Jessica Ladd can tell you about it in only 6 minutes "The system of reporting SA survivors want". It's a system that can be implemented literally anywhere and would have GREATLY helped me get that creep off the streets.
Thank you for listening!
Go Cards!
Im first
Sorry I was, but I still gave you a like, because you deserve it.
Take care, and all the best.
@Little Bit of Hope I gave you a like, too, thanks.
Take care, and all the best.
second
Third, but you too deserve a like, so I gave you one as well.
Take care, and all the best.
@@christophersnyder1532 sorry, im bad at counting.
@Lizard1582 Don't worry, you are doing well.
Have a great weekend.
@@Lizard1582 Looks like that's not the only thing you are bad at 🤭