Home -> Law Blog Directory -> Criminal Law Blogs -> Indefensible

Criminal Law

: Indefensible

Sentence First Verdict Afterwards: Plea Coercion In Brooklyn

By Indefensible

Michael Brick?s ambitious piece in today?s New York Times about the wide ranging narcotics prosecutions in the housing projects of Brooklyn omitted some important details which suggest that the ?historic conspiracy? referred to by the Brooklyn District Attorney?s office was not the series of drug transactions being prosecuted under the false flag of an overused conspiracy law, but rather one between Mr. Hynes?s office, and a compromised judiciary conscripted in the service of unsustainable prosecutions by fawning press coverage and a lack of simple courage.While Mr. Brick does imply (by quoting defense lawyers) that the use of first degree conspiracy charges had the effect of ?exacting jail terms they might not otherwise have won,? he does a shoddy job of explaining just how the use of bail coerced plea bargains, and entirely omits the fact that bail is a matter of judicial discretion, thus failing to pose the question of why judges continued to set and maintain bail as case after case collapsed...continue to full post

Full post as published by Indefensible on April 06, 2008 (boomark / email).