Who is this man? The “cynical” teller of truth? Morgan Freedman

I subscribe to a great many legal bogs, one of my favorite being “Simple Justice”I honestly don’t know alot about the “workings” of law so I try to educate myself by listening to what others are saying & how they are interpreting things.

Once I get my morning coffee, walk the donkey home, steal a few eggs from a cranky rooster’s hen house I sit down to read  legal news, views & editorials. This morning was especially good, but I got this article & about spit up my coffee!

THE ETHICS OF OVERCHARGING

I like Scott Greenfield mostly I like him because he will put his foot in my hind end if needed & because I learn much of what I know from his research. I don’t always agree with him but I do learn. Which I believe is the whole point of the work he does.

Anyway his article led me to this comment on the Legal Ethics Forum

When a prosecutor overcharges – a common practice – the principal purpose is to “bargain” down from that frightening charge to a “negotiated” guilty plea to what the prosecutor should have had to charge and prove to a jury if the system were working pursuant to the Constitution. Too often, the charade of a negotiation is with the connivance of the court-assigned defense lawyer, who helps to con the defendant into thinking that he has gotten a truly negotiated deal to the best plea possible.

Another purpose is to frighten the defendant into asking for a lesser-included offense instruction, which gives the prosecution the possibility of a compromise verdict from the jury to a finding of guilt of a significant offense, although less than what was initially charged.

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