If the illusion of justice is shattered, the credibility and viability of the state are jeopardized. The spectacle of court, its solemnity and stately courthouses, its legal rituals and language, is part of the theater. The press, as was seen in the film, serves as an echo machine for the state, condemning the accused before he or she begins trial. Television shows and movies about crime investigators and the hunt for killers and terrorists feed the fictitious narrative. The reality is that almost no one who is imprisoned in America has gotten a trial. There is rarely an impartial investigation.
A staggering 97 percent of all federal cases and 95 percent of all state felony cases are resolved through plea bargaining. Of the 2.2 million people we have incarcerated at the moment—25 percent of the world’s prison population—2 million never had a trial. And significant percentages of them are innocent. Judge Jed S. Rakoff in an article in The New York Review of Books titled
“Why Innocent People Plead Guilty” explains how this secretive plea system works to thwart justice. Close to 40 percent of those eventually exonerated of their crimes originally pleaded guilty, usually in an effort to reduce charges that would have resulted in much longer prison sentences if the cases had gone to trial. The students I teach in prison who have the longest sentences are usually the ones who demanded a trial. Many of them went to trial because they did not commit the crime. But if you go to trial you cannot bargain away any of the charges against you in exchange for a shorter sentence. The public defender—who spends no more than a few minutes reviewing the case and has neither the time nor the inclination to do the work required by a trial—uses the prospect of the harshest sentence possible to frighten the client into taking a plea deal. And, as depicted in “Making a Murderer,” prosecutors and defense attorneys often work as a tag team to force the accused to plead guilty. If all of the accused went to trial, the judicial system, which is designed around plea agreements, would collapse. And this is why trial sentences are horrific. It is why public attorneys routinely urge their clients to accept a plea arrangement. Trials are a flashing red light to the accused: DO NOT DO THIS. It is the inversion of justice.
There seldom are trials for the poor. Instead, under threat of draconian sentences, they are forced to accept plea bargains. The system is a sham set up for elites with godlike powers who seek to advance themselves and their agendas at the expense of the downtrodden.
www.truthdig.com
ed up ur whole life so why would i try and prove anything to you
