The following is not an exact re-post of my assignment for my courts class. Rather it is a collection of thoughts and questions I had while reading.

American Courts

The way the law works on TV shows is so narrow. It would have us all believe that every case goes to trial. That just isn’t the way it works. There are supposed safeguards of “due process”; that system of which a persons constitutional rights are honored until the gavel comes down and they’re proven guilty or innocent.

These safeguards start when a person is arrested, but violations of their constitutional rights can also begin at arrest as well. For example, if you were to receive a knock at your door, answered, and found police on the other side, it is your IV Amendment right against “unlawful search and seizure” that requires them to present a warrant.

This seems to be largely ignored today. SWAT teams burst into homes at the whim of hackers (an act called ‘swatting’), convinced that the person inside is in possession of narcotics, has murdered a spouse or child, or is plotting an act of terror.

But you are supposed to be informed of your rights, and if you are informed and arrested you’re to be taken to a judge within 48 hours for your first appearance, where you’ll be told why you were arrested and bail will be set. Your rights can be violated here as well.

The VIII amendment states that “excessive bail shall not be required” but bail is often set higher than is needed. Supposedly, when setting bail a judge considers two factors: risk of the individual running away and the chances of them committing another crime (that is, their risk to the community). But what if the person doesn’t have the means to run away? Or have no prior history of crime before this one?

If you can’t make bail you sit in jail until trial. While you’re waiting your attorney and the prosecution debate plea bargains, your time in jail the tightly clenched fists of the law, twisting your arm to get you to say you’re guilty just so you can get out.

These are just a couple of the ways an individuals due process can be tainted.

But these plea bargains appear to have been invented for these reasons:

1. There are too many cases to go to trial.

2. The court has to try and honor the VI Amendment right to “a speedy trial.” Even though taking a plea subverts trial altogether.

3. The prosecution refuses to lose and will get a guilty plea no matter what, even if that plea forces a potentially innocent person to say they are guilty.

It’s an interesting problem. If you didn’t do the crime you are accused of doing, yet your lawyer presses you to take the plea, would you?

Even if you take the plea you can be hit with court fees and fines you probably can’t afford. Sometimes there is a “sliding scale” that adjusts these fines, but they don’t always take your other expenses into consideration.

It’s no wonder some people choose to go to prison instead. At least there they get three hots and a cot.