To tell this story would be a multi-book task. Lawrence Stratton and I have written one small volume of the story. Our book, The Tyranny of Good Intentions, now with two editions and multiple printings, documents the corruption of law in the United States and has been cited in rulings by Federal District and Appeal Court judges.
Law is just one public institution, but it is a cornerstone of society. When law goes, everything goes.
Only about 4 percent of federal felony cases go to trial. Almost all, 96 percent, are settled by negotiated plea bargains. Law & Order Conservatives condemn plea bargains for the wrong reason. They think plea bargains let criminals off easy.
In fact, plea bargains are used by prosecutors to convict the innocent along with the guilty. Plea bargains eliminate juries and time-consuming trials, that is, plea bargains eliminate all work on the part of prosecutors and police and lead to high conviction rates for prosecutors, the main indicator of their career success. Once upon a time, prosecutors pursued justice. They carefully examined police investigations and only indicted suspects whose conviction they thought could be obtained by a jury. Sloppy police work was discarded.
No more. Once indicted and provided with a lawyer, the defendant learns that his lawyer has no intention of defending him before a jury. The lawyer knows that the chance of getting even a totally innocent defendant found not guilty is slim to non-existent. Prosecutors, with the consent of judges, suborn perjury for which they are permitted to pay with money and dropped charges against real criminals, and prosecutors routinely withhold evidence favorable to the defendant. If a prosecutor detects that a defendant intends to fight, the prosecutor piles on charges until the defendant's lawyer convinces the defendant that no jury will dismiss all of so many charges and that the one or two that the jury convicts on will bring a much longer sentence than the lawyer can negotiate. The lawyer tells the defendant that if you go to trial, you will be using up the time of prosecutors and judges, and the inconvenience that you cause them will send you away for many a year.
In some state and local courts it is still possible on occasion to get an almost fair trial if you can afford an attorney well enough connected to provide it. But even in non-federal courts the system is stacked against the defendant. Many prisons have been privatized, and privatized prisons require high incarceration rates in order to be profitable. The same holds for juvenile detention prisons. Not long ago two Pennsylvania judges were convicted for accepting payments from private detention prisons for each kid they sentenced.
Judges prefer plea bargains despite the fact that plea bargains amount to self-incrimination, because plea bargains dispense with time-consuming trials that cause backed-up and crowded court dockets. Trials also demand far more work on the part of a judge than accepting a plea bargain.
The fact of the matter is that in America today you are expected to convict yourself. Even your lawyer expects it. The torture is not physical; it is psychological. The system is severely biased against the defendant. Conviction by a jury brings a much heavier sentence than conviction by a deal that the defendant's attorney negotiates with the prosecutor's office. All the prosecutor wants is a conviction. Give him his conviction for his record as an effective prosecutor, and you get off lighter.
The injustice lies in the fact that the rule applies to the innocent as well as to the guilty. ? The prosecutor and often the judge do not care whether you are innocent or guilty, and your lawyer knows that it does not matter to the outcome.
The police have learned that such a small number of cases go to trial that their evidence is seldom tested in court. Consequently, often police simply look for someone who might have committed the crime based on past criminal records, select someone with a record, and offer him or her up as the perpetrator of the crime. This police practice is one explanation for high recidivism rates.
In the totally corrupt American criminal justice (sic) system, anyone indicted, no matter how innocent, is almost certain to be convicted.
Let's take the case of Alabama Democratic Governor Don Siegelman. Judging by the reported evidence in the media and testimony by those familiar with the case, Don Siegelman, a popular Democratic governor of Alabama, was a victim of a Karl Rove operation to instruct Democrats that their political party would not be permitted a comeback in executive authority in the Republican South.
There is no doubt but that the Alabama Republican newspapers and TV stations are political tools. And there is little doubt that former Republican US Attorneys Alice Martin and Leura Canary and Republican US federal district court judge Mark Fuller were willing participants in Karl Rove's political campaign to purge the South of popular democrats.
Republican US district court judge Mark Fuller was arrested in Atlanta this month for beating his wife in an Atlanta hotel. The judge, in whose honor courts must rise, was charged with battery and taken to the Fulton County jail at 2:30 AM Sunday, August 10. If you look at the mug shot of Mark Fuller, he doesn't inspire confidence. Fuller was a bitter enemy of Siegelman and should have recused himself from Siegelman's trial, but ethical behavior required more integrity than Fuller has.