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Seeing a lot of equality in those offers. What’s worse is we don’t have a PDs office and the defense bar is small and either over worked or don’t care. Essentially, justice is mostly served ad hoc and at the Ada’s discretion. I’ve been challenging thoughts of what makes one defendant a “good guy” worthy of a great deal and another a “bad dude” worth shafting (which usually comes to careers and not even an issue of priors) but im only in my third week…I fear like I’m going to alienate myself by doing this (im not pointing out race at all, but hoping to get them to understand what they’re doing). I know I can help provide equity to our office from my perspective but it just feels daunting alone. It’s not even my passion to be in this field, I want to be in bankruptcy or real estate, but it’s a start. It’s just heavy on my heart and I don’t know how to protect myself when looking straight into the system I know is inherently unfair.
Atty 1, I have been trying but I don’t know how to constantly make the same argument with the same accuracy. I’ve already gained permission to go out to the HS to talk to kids about the law and handle legal situations. As for beyond a reasonable doubt, they are using info we know to be true, but under legal scrutiny would be thrown out (like faulty searches) and know the defense bar isn’t going to challenge it and makes the offer. I’m sure I’ll get desensitized soon but I have had to rationalize w/myself several times now to know that I make more impact in the room than out and it’s just been frustrating.
Welcome to the legal field. I have seen it for the past 25 years and honestly, it’s not just criminal law. It’s in litigation, insurance defense and real estate law, I am sure. If workers comp didn’t have limits, it would happen more often in that area. I have seen one race get higher settlements and insurance payouts , more than the other two races combined. It has not changed. I’ve seen it as recent as a couple of weeks ago. It literally makes me sick. There was a time that claims would be filed, and there would be payouts with hardly any questions asked. I guess the insurance company was running low in money because one group was filing large claims over and over again. I notice when Blacks file lawsuits and claims, their entire background is investigated. What does questions about your evictions in a depo have to do with your being rear ended by another vehicle? Ugh!
Oh I know! I worked at a landlord centric real estate firm in Chicago so I know EXACTLY what you’re talking about. It’s all unfair, which is one reason I wanted to go to law school. Knowledge of the law is power, and the more of us enter the legal field the more access our community will have bc most of us don’t know what we don’t know!
As a former ADA I don’t think this is a race issue as much as it is an experience issue. If there are significant 4th amendment issues in a case that an ADA is missing, that is most likely due to experience. For the cases you are handling now, there are probably other new ADAs learning with you, and hopefully they learn (and fail) on these low level cases.
Additionally, I would tell you to calm down. You have been there for three weeks and your a new attorney. You don’t know anything (yet). Make assessments when you have put in over a year and actually have done more serious cases.
Lastly, Justice is not “equitable.” Justice is “equal.” Please do not go into criminal law (or any area of law) and think you are going to successfully apply equitable principles. You need to go in there and treat everyone the same, no matter what immutable characteristics they have.
Pro
I will say I perceive the entire system as under serving and should be abolished 👹 a system rooted in the oppression of BIPOC will always be inherently racist and should be scrapped. #anarchy #letsstartover
Pro
It’s so frustrating dealing with this, it’s part of why I shied (or is it spelled shy’d?) away from criminal law I didn’t want to deal with that. But I’ve also heard from some folks that when you insert yourself in this position, you have the opportunity to change things. You can be that prosecutor who does things right, rides up the ranks and cleans house and makes real changes (long term) in your community.
Rooting for you and your community!
I really appreciate this! I interned in the Public Defender’s office my 1L summer and hated it for the same reasons that frustrate me on this side. But for the same reasons you stated I thought it was a great opportunity. The DA is surprisingly holistic and thoughtful in his approach, and some in my office do the same. Others are “strategic” and use every advantage to their benefit, which to those w/resources I say ‘bring it on’ but indigent ppl w/clearly incompetent council shouldn’t be screwed just by way of who their appointed atty is. (I’d like to say that’s a joke but there’s only 12 Attys on the defense bar and 1 specifically revokes a scoff from every atty in the office). I’m hoping to change at least one person’s perspective like you said bc this is my contribution to my community; most of my office is lifers…this is my pit stop (at least as of now).