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by qingcharles 14 hours ago
I've known and hung out with a lot of prosecutors. I've never heard one say anything like that outright, but, one of the main issues is that in 99.9% of cases the evidence will not be looked at. They are just not given the time and resources to even take a single glance at the police reports, never mind any forensic evidence. They literally have no idea whether the person is guilty or innocent when they offer a plea deal.

Even your paid defense attorney might never look at the case files at all. Jared from Subway's lawyer got into hot water because he got Jared to take a plea and it turned out he was factually innocent of one of the many offenses he was charged with, and that fact would have been uncovered quickly had the defense attorney ever looked at the evidence, which he said he had not.

1 comments

In the US legal system, the defense isn't given access to the prosecution's evidence used in the case immediately. In fact, lots of plea bargains happen before the defense attorney knows for sure what evidence there is to tie their client to the crime.
Absolutely. Defense usually has to file a motion, then god forbid the evidence is something like an obscure-format security video; nobody will ever figure out how to get it to the defense or how to play it back.

Most plea bargains are done simply based on the charging instruments.