When There's A Level Playing Field

Norm suggested below that the techniques learned at the Trial Lawyers College be made available to all.  Why?

Don't government agencies have enough advantages?  The prosecutor gets to decide what charges to file and what bail should be set at - effectively determining whether the accused must choose between posting bond or retaining counsel of choice.  If the accused demands Sixth Amendment right to a jury trial, the judge and prosecutor will punish him.  The government can bribe witnesses, offering plea bargains and money in exchange for witness testimony. 

Also available to the government are nearly unlimited investigative resources.  And the Court has clearly said that the government need not use those resources to ensure they snagged the right man.  Should we also forget that judges and juries give police officers almost cult-like deference?  Oh, and then there's the grand jury.

When the playing field is leveled, then yes, prosecutors should have equal access to Spence's goofy tactics.  But until then, criminal defense lawyers should have access to at least one thing unavailable to the prosecution.

Comments

[Three Generations]

I quite agree with you. The State begins with the upper hand in every criminal case.

Now, if there were a course on ethics, I'd wholeheartedly agree with Norm, for far too many prosecutors think that ethical rules don't apply to them.

[David Giacalone]

C'mon, Mike. Either you've forgotten to use your "I'm-kidding" emoticons or you've decided that our system of justice is nothing more than gotcha games. Talk about having no respect for the Constitution!

Seems to me that criminal defense lawyers need to stop being crybabies -- and stop hoping to find some magic talisman that will put a curse on prosecutors. Buy a few voodoo dolls, instead of being suckered by marketing hype and the dream that Your Club's secret codes will vanquish the Enemy.