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Article posted May 08 2014, 7:42 AM Category: Tyranny/Police State Source: Pro Libertate Print

The American Criminal Justice System is Dead

by Humphrey

A profoundly troubling study published by the University of Texas School of Law concludes that the American criminal justice system is dead in everything but name. The paper, entitled “Waiving the Criminal Justice System,” describes how the adversarial process through which the state must prove the guilt of a defendant has been supplanted with a system of administrative law in which prosecutors extract plea bargains in exchange for relatively lenient sentences. This is why federal prosecutors win more than ninety percent of their cases through plea bargains, rather than jury trials.

This is a lamentable state of affairs, and to many observers a familiar story. This study, however, breaks new ground by showing that prosecutors at both the state and federal levels require defendants to waive   due process rights that are vital for post-conviction appeals – such as the right to effective assistance of counsel, and the right to obtain exculpatory evidence that can be used to overturn a conviction or at least obtain a new trial.

In the American tradition, the purpose of a trial was to establish the truth of an accusation against a defendant who is presumed to be innocent. The purpose of our post-constitutional criminal system is to ratify the defendant's guilt, irrespective of the facts.

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Comments 1 - 3 of 3 Add Comment Page 1 of 1

Posted: May 08 2014, 7:58 PM

72193 in exchange for relatively lenient sentences.?

They often have little evidence of a minor BS "crime" so they threaten to add "conspiracy" money laundering, terrorism, and other BS and threaten 30 years, unless they plead guilty and serve two years It an extortion business.

Posted: May 09 2014, 12:34 AM

76176 Agree they trump up the charges and add two or three extra charges and there you are facing 20 years in jail if the jury goes against you. Out of fear you accept the maximum sentence for the minor charge that they offer you a plea bargain on. You end up with the maximum sentence for a minor crime.
Golden Dawn

Posted: May 09 2014, 7:17 PM

17444 The whole system is been on a decline for the last 100 years now it is finally dead. Now we have disorderly police who arrest people for made up offenses like a parent speaking out against a school for giving a child sexually explicit material in a English class.

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