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by ROTMetro 1412 days ago
Caveat needed here: This does not apply if you took a plea for lesser time instead of accepting the 'trial tax' (which normally quadrupoles your sentence from say 2-7 years to 20-40) which removes your constitutional right as you agree "not to make any collateral attacks on your sentence" in the plea agreement in addition to your right to trial. (Yes the higher courts will probably override this but most guys give up when the district rejects them. It's scary as hell challenging the prosecutor/judge on your own from prison, dealing with the harassment from the mailroom cops, one out of maybe every 4 months being able to buy new typewriter ribbons in commissary, copiers down, high copier fees. The entire process is designed to discourage you from pursuing your rights.)

The system shouldn't work like insurance claim submissions that if you fight long enough/hard enough or can pay someone to fight for you ultimately grudgingly your constitutional rights are recognized. Remember, China's constitution includes democracy and free speech too, but just like our rights they enacted 'reasonable rules that happen to be barriers to those rights as an unfortunate side effect'.