CrimLaw

From the Right: Concern that our criminal law system is out of control.

Welcome to my world. Shocks to my system of beliefs came in rapid succession after I started doing criminal defense:

~ The absolute refusal of the courts to protect citizens from things like the more and more transparent pretext stops.

~ The expansion of Terry stops into the ability of police to shake down anyone anywhere.

~ Police allowed to go interrogate my client without me present as long as they don't ask about the specific charge on which I represent the client.

~ The ability of law enforcement to walk away after my client has refused to talk without me being present and then come back the next day and try again (and the next and the next as long as the officer stops each time the right to counsel is asserted).

~ The refusal of courts to recognize clear attempts by suspects to exercise their right to counsel because they did not phrase it in a manner which is precise.

~ Prosecutors holding hearings without the Defense attorney present in order to manipulate the system against Defendants (ala Malvo).

~ The fact that trial judges in the federal system have been reduced to little more than clerks for the prosecution, imposing whatever sentence the prosecutor tells them to impose.

et cetera et cetera et cetera