This article had several truths to it. My favorite was probably the situation with Rodney Roberts and how he said fighting for innocence or pleading guilty was like choosing Satan or Lucifer. For those of you who don't know, Lucifer is also Satan. What he is trying to say is he has to pick the lesser of the two evils, for of which there wasn't one. It's sad to think that in today's world that that is what court cases has come down to. It's so hard to get somebody that can fight to the best of their ability for you. Mostly because that person already has several different cases they are fighting for so they are overloaded with everything. Adding onto this, the quote that said "We created this monster and it's taken on a life of its own", is so true. We as a human have been making the crime rate rise to such a high place that it had to deal with. Although crime is still at a low point in history, there is still a lot of it.
I agree with you, it is sad of what the the courts cases come down to. If you are wealthy you can afford a your own defense attorney that devotes more time to your case because he has less clients to deal with; the public defender is for the poorer population who can’t afford their own attorney so they have them appointed to them. With all the clients the public defender has to deal with and all the trials they have to be in it is easier for the attorney to sometimes get a plea deal instead of actually fight for the person even if the person is innocent of the crime. Birdman789
It was definitely an interesting article to read; it is kind of shocking to hear that the default sentencing for most judges was to send the person to prison, that just seems like it is not a productive way to run the judicial system. With that kind of mentality going around in the courts it is no wonder why we are the most jailing country in the world because the judge’s sentencings gravitate to incarceration over others. The story about Roberts sounds scary because he was exonerated after serving 17 years behind bars! Instead of fighting the case the public defender coerced him into taking a deal which in turn landed him in prison for something he didn’t do. There definitely needs to be a change and there needs to be more judges to speak up because issuing these sentences is doing more harm than good in my opinion. Birdman789
Pleading guilty to a crime you didn't commit just doesn't make sense to me. Like why would someone do that if they didn't commit the crime. I honestly can't explain it? But i feel like there is almost to many rules and to much media surrounding a certain case. All of this red tape is making our system turn into a monster we can not control. I understand the rules are there to protect the civilians rights and the officers them selfies. But there has been so many times the police have their hand tire because of the government.
I would assume that the main reason and driving factor is money. Most of this type of victimization comes to the defendant on behalf of the court itself because they are appointed an attorney. In other sad ways, they sometimes wave a civil liberty. For example, depending on the situation the defendant might wave the right to counsel (the 6th Amendment) thinking they can represent themselves during a trial. Yes, this does happen, not often but it does. If ever arrested the 5th and 6th Amendments are crucial for someone who is accused of committing a crime. The only thing is that some people think they can beat this monster on their own and screw themselves over, sometimes indefinitely. Or, the appointed lawyer is just a scumbag who wants to meet a deadline for his cases and rushes things along as quickly as possible. - StrongArm789
I agree with you about making change to this problem. These judges are ruining people lives for things that shouldn't. They need to think more about the crime and the details of it before they start handing out sentences. They are causing more harm to people than they are with helping them out. dragons789
It is a tough concept to grasp, I do understand. My dad, who was incarcerated several times, used to tell me “you are guilty, before innocent.” After reading this it makes perfect sense. With judges that do not mind giving out harsh punishments and public defenders who can’t get to your case before it is too late just goes to show the WHOLE system need reconfigured. It all comes down to those that have money get the flue while the poor get terminal. The wealthy can get a private attorney to represent them and their sentence is a lot lighter if even convicted, while on the other hand someone with a public attorney could plead guilty due to a lack of time on the attorney. It is a shame that sometimes this is the only option to reduce your sentence, while not even thinking about what to do when you leave the facility. The judges need to be monitored just as much as a cop is, because if there is a track record of long sentences over a certain amount of time the judge should be getting reprimanded for it. In their defense you committed the crime, you’re going to do the time. If there is not a change in the judges, maybe they should no longer be a judge.
The fact that a judge’s decisions are never questioned or analyzed is the largest concern of mine. As an individual who is concerned about the current state of the legal system, I would suggest that it be necessary for his/her opinion and sentencing habits to be reviewed by a committee. This should happen at least once a month and put before a panel to discuss those judges’ trends and their decision making. This wouldn’t be to dissuade their decisions but to map out their trends and graph out charts for the public, districts, or states to view. This ‘assembly line’ can’t just roll on while innocent people are confessing to egregious crimes that some may have never committed to begin with. Giving them an option of a little time or a lot of time is absurd and these courts are only damning many innocent lives. Even if they commit a crime, let’s say of peddling drugs for the first time, it doesn’t do any good if the defense lawyer says ‘well, you did do it, so let’s just take a plea bargain so you’re given less time.’ This could be due to the lawyers being set in their ways and being used to only drug cases; then apathy sets in. A judge notices a lawyer and probably thinks, ‘here we go again.’ It’s a repetitive system because nobody has stepped forward to address it and now it will take even longer to change. Judge Rakoff has every right to define this as a Draconian system; nothing has changed and no attempts have been made to make a difference. Hopefully this judge will use his powers to influence the whole of his district or state to have an impact beyond that of southern New York. - StrongArm789
I totally agree with you. Judges should be met with more criticism and I liked your idea to meet with a committee once every month. If these meetings were to happen then the judge would notice his/her trends in deccision makings and figure out any bias' they have had in the past. Once they learn about these bias' they can go about trying to change and become a very neutral judge without any bias.
The article said many good things. One thing said that stood out to me was when Rakoff said "We created this monster and it’s taken on a life of its own”. Judges today are giving people unnecessary sentence for the crime that committed. Most people should get a little sentence or probation but instead they are getting locked away for decades for little crimes. Some people that are incarcerated are completely innocent but they get blamed for the crime and have to serve the punishment which is a sad thing. Its shocking to see the amount of judges who think its right to sentence people to harsh terms. With attitudes like that its no wonder why we are the most jailing country. Their needs to be change about this problem and more judges need to stand up and do the right thing and start sentencing people fairly for the crime the commit. dragons789
Its the biggest disgrace that an innocent person has to plead guilty so they don't spend life in prison. Our justice system has taken a life of its own and it is a monster. I agree the judges today are causing so many problems that are damaging our society. Godzilla789
It is quite disturbing that many people have to plead out of a life sentence for something they did not do or something that was blown out of proportion while in the judicial process. The judicial system needs to fix itself. Some criminals get away with crimes that should warrant life in prison by pleading insane, while the innocent are sentenced for something minor or nothing at all.
I thoroughly enjoyed this article. It was very surprising to see how few cases actually go to trial, and how many cases end with plea bargains. It’s also insane how easily defendants are tricked into taking plea bargains instead of facing long sentences, when they might not even be guilty! The story about Rodney Roberts was very shocking, because this isn’t the only time that someone has spent almost two decades behind bars only to later be let out. I agree with Bradford-Gray when she said that there need to be checks and balances on prosecutors and plea bargains to enact change. I also agree with Rakoff when he said that it is a big problem that judges feel comfortable handing out long sentences. This is a very interesting time to enter this field, because we get to be the ones who enact this change and see how the criminal justice system adapts to society. Blues456
I also was surprised by the small number of cases that actually make it to trial. Although plea bargains can be beneficial to some people who enter the criminal justice system, this article is proof that sometimes, plea bargains can be detrimental. I loved the last part of your post about how it is an interesting time to enter the field since we will be enacting the change and watching the adaptation process. I totally agree! Cards789
I thought this article was very interesting. Its sad to see that we live in a world where we have to plead guilty to a crime that we didn't commit. But this isn't always the judges fault. It could be any number of the people working in the criminal justice system fault like detectives or the lawyers. Sometimes the evidence is so stacked against someone that they have to plead guilty. It sucks that it has to be that way, but its a reality that happens everyday. I do like how judge Rakoff was questioning the system while he is a part of it himself. Hopefully this is addressed by more people soon and this problem is solved.
Lawyers! :) Perfect. Yep, those guys that are for 'our best interest'. So we can exercise our constitutional rights in the court system. Just make sure to get the public defender when he is not geeking about what he is going to eat for lunch. And god forbid you get him a 'bad day'. Evidence should be heard, and I do believe it is stacked in a lot of cases. I do not believe you an individual should plead guilty if they are not. It's an untruth and a disservice to the individual's self. I like that Judge Rakoff was questioning the system. It shows the hypocrisy of some people in this institution. I think reforming the plea bargain system is an appropriate action. Doberman789
I think that one of the first points made in this article is HUGE: "The U.S. criminal justice system is broken and needs to be fixed is a message you rarely hear from a well-respected senior federal judge." Considering the fact that it is so rare to hear the concern about our criminal justice system from people who are well-respected within the system, the average person is more than likely unaware of some of the issues within the criminal justice system. The fact that Judge Rakoff stood up and spoke about how plea bargains are a dark shadow within the criminal justice system that does not get monitored and involves too much disparity and discretion that is unknown to anyone outside of the plea deal. Since discretion can be used and disparities can occur within these deals, it is VERY important to consider the potential harm that plea deals or bargains may be causing the people in the criminal justice system. I agreed with the judge, who said that more judges these days are quick to sentence someone to prison, rather than looking for alternative solutions, like drug or alcohol treatment and work programs. Overall, this article opened my eyes to the fact that having these plea bargains can impact people that get involved in the criminal justice system. Unfortunately, because most people fear the outcome of a trial, INNOCENT people will plead guilty and accept the terms of the deal. This is a TERRIBLE aspect of our criminal justice system that I hope can be changed, and soon. Cards789
This is a very interesting article. The fact that its easier for innocent people to plead guilty than to fight for their freedom is a reason that our society is going down the toilet. We have over worked defense attorneys who are doing their damned hardest to get people the justice they deserve. The article states that there are just too many cases they cant handle it all. Its a disgrace that innocent people have to plead guilty because there isn't enough man power or time to prove they are innocent. These judges are making these decisions that are affecting these peoples lives greatly and his decision isn't even looked at or questioned. We need a new generation of judges that look more towards rehabilitation instead of punishment and incarceration. We need judges that realize there is a problem and who want to fix it. There is a huge problem with out justice system it needs to change to fit with the norms of society we need to help develop the new justice system that will be revolutionary. Godzilla789
It is a tough concept to grasp, I do understand. My dad, who was incarcerated several times, used to tell me “you are guilty, before innocent.” After reading this it makes perfect sense. With judges that do not mind giving out harsh punishments and public defenders who can’t get to your case before it is too late just goes to show the WHOLE system need reconfigured. It all comes down to those that have money get the flue while the poor get terminal. The wealthy can get a private attorney to represent them and their sentence is a lot lighter if even convicted, while on the other hand someone with a public attorney could plead guilty due to a lack of time on the attorney. It is a shame that sometimes this is the only option to reduce your sentence, while not even thinking about what to do when you leave the facility. The judges need to be monitored just as much as a cop is, because if there is a track record of long sentences over a certain amount of time the judge should be getting reprimanded for it. In their defense you committed the crime, you’re going to do the time. If there is not a change in the judges, maybe they should no longer be a judge.
I think this article is interesting because it is about someone within the criminal justice system who acknowledges the flaws in the system and is talking about them objectively. I think something interesting in this article is the talk of judges. A few years ago, jail was something that judges didn’t want to send people too, they wanted to keep as many people out of it as possible. They wanted the people to get help with their problems. Even then there were people who couldn’t be fixed by drug institutes and things along those lines, but those were the people sentenced to time in jail. Nowadays, jail seems to be the answer to a lot of cases brought before a judge, which is unfortunate seeing as most of the people in jail, are good people. Another thing that hit me is how little is known about plea bargains, it is done behind closed doors, and no one knows if it is even being executed in a fair, equal, or honest way. How little is known about plea bargains is not good, because so many cases in America are resolved using plea bargains. Piglet456
Most people in jail are good people. I agree on that. Judge's should before getting elected into the job be put through a program that teaches them that in many scenarios jail is not the answer. I think if we did this then we would see a major change in the criminal court system and the criminal themselves. Extreme456
Most people in jail are good people I agree with that in the comment above me. As you will hear a lot of cops say they just catch people on their bad days, and they end up in jail. -dicaprio012
I totally agree because it needs to come a point where they need to pick up the pace and not try to act like everything will be ok. Well it's time that someone needs to take a stand or put there foot down. DaBulls456
It is very intriguing that a very well known judge would state that our criminal justice system is damaged and broken and needs fixed. I completely agree with that statement. Instead of sending people with drug problems and such to prison or jail right away, we should put them through rehab centers or other places to help get them clean and become a better person. Not put them in a tiny area and make them go even more bat shit crazy than they already are because the judge's first reaction is to lock them away. Rakoff mentions that in the older days the percentage of cases that went to trial were fifteen percent but today it is only three percent that go to trial now because of the plea bargain. I personally do not like the plea bargain. You should not be punished differently just because you admitted to doing something wrong instead of how you would be punished had you not said you were guilty. Every criminal should own up to what they did. I am not pleased that a person who admits they committed the crime gets less time or released on good behavior than someone who did the same exact crime but did not plead guilty. They both do the crime they should both do the same time. Admitting a crime should not justify you and let you get off more than if you did not. This needs to be changed. Extreme456
I agree with you on all. I think that we should try to put them in a rehab center, instead of just always putting people in prison. I think that's one good way, we can start to make the Criminal Justice System better than what it already is. I believe if a person stay in prison that long, it'll only make them want to try something crazy again.
People who are taking drugs and get caught I believe that they should also go to rehab instead of jail. We should be helping them get back on their feet instead of locking them up. People who go to prison even when they do not commit the crime bothers me. They waste a good part of their lives in a cell for a crime they did not commit and that is not right for anyone. bamboo456
I agree completely with what you are saying. People deserve a shot to get clean and try to get their life on track. Sometimes all people need is a shot to prove to themselves that there is something better out there for them. Condemning people to jail isn’t going to prove that to them, and it isn’t the way things should be done. Piglet456
I find this article intriguing. If what the Judge said is true, then many judicial officials are hypocritical. I have heard in my classes and in the media that judges and the judicial system are looking for ways to reduce overpopulation in the jails and prisons. So if some judges find the idea of long-term sentencing adequate for less serious charges, then why do they complain of overcrowding. There needs to be more transparency on this issue. There also needs to be a revision to how the judicial system works in this aspect. We can't have people who do not entirely deserve a massive sentence sent to prison for long periods of time. This could cause overcrowding, the hardening of individuals, and inequality. This plea bargaining issue is also worth noting. Quite a few individuals would rather take the bargain of a lesser sentence for an action they did not perform than commit more time and capital to a bogus case. I agree with the judge that there should be some sort of cap or check on plea bargaining. I hate to imagine an innocent person being sentenced to prison for a crime they did not commit.
The article can be seen in many different ways. I think its not right how the Criminal Justice System is set up today. I think in a way you should be always innocent until proven guilty. I think there are way to many people doing life in prison for a crime they didn't commit, but its the way system is set up. I believe wealth have somethin to do with this also. I think that if you have a lot of money, you will not be likely to do a lot of time, rather than somebody having no money. Broke, homeless, Ect. If you had committed a crime you are being convicted of, and you knowing deep down inside you didn't do it. Chances are you'll be convicted of it again. I don't think they should be always sent to prison for life, but they should get a good amount of rehab, and any other consoling that works for them. I find the article to be a good one. I also find that innocent people will plea to being guilty, than rather fighting for there freedom. Overall, it was a great article. I don't think innocent people shouldn't have to go through this. I think we all should have a fair trail. And, not everyone should be sent to prison.
What happened to innocent until proven guilty? I believe that's the way our criminal justice system should be set up. Too many people for non violent crimes are being locked up like they did commit a violent crime. Drug offenses are becoming sentenced as long as murder cases. Where is the equality in that? Most people who are selling drugs only know that as their way of lives, all they know is innovation, yes it's still against the law. But why lock them up for life? Why not try to rehabilitate them in prison or jails to come out with an education or job skills so they don't go back to the life of crime. The saddest part of it all is that if your poor in the criminal justice system your more likely going down for a crime faster than the likes of someone who is richer than you..and most of the time well from some of the cases i've read about the richer guy is going to be guilty over the poor man who was just in the wrong place at the wrong time. I know I always go back to it but it's a prime example (OJ SIMPSON). I believe we should try to rehabilitate offenders, but I also know you can only try to help someone so much until they go back to that life of crime. No one with a drug problem should be sentenced to life in prison. That's just absurd. We all should have the right to a fair trial all and all thats the point i wanted to get across from this article. -dicaprio012
I thought this article mad some very outstanding points. The one that caught my eye the most when it states "No one ever knows the truth is, no one ever knows what the facts are." I thought that was the best statement through out the article because it's true. When the public wants to know all the facts but they only get so little or they can get lies about the what happened in the crime scene. Why is we get to know so little and try to keep it from us I mean we are all going to know the truth eventually and it will just cause more commotion then anything. Another piece of statement I thought stood out also was "This is a system, because it's so totally un-transparent, is it inevitably going to lead to some serious mistakes." I thought that was also outstanding because everyone will make so many mistakes and it will not be good on there end of the stick. I mean our justice system will have that one person to make society so mad over just one little mistake. It's time the system owns up to there standards and do it correctly. DaBulls456
The article was a nice read and informed more on how people go to prison even if they do not commit the crime. To me, it seems that judges or the criminal justice system want to prove someone guilty, just so they feel that they solved the crime and can move on. This means that people that do not fight and plead guilty go to prison like Roberts did. It also surprises me that Roberts public defender told him to take the deal, and go to prison. Instead of fighting, he helped send and innocent person to prison for 17 years. I feel some reasons will do this is because they are tired that no one believes them. Some people quit fighting when there is no one there to fight with them. The system is broken; they send people to prisons for many years for non-violent crimes. People who are taking drugs should not be thrown in jail for years, but get help and go to rehab. There are many things that need to change and this is one of them. bamboo456
I agree, I think it is sad that some people will just give up because they think there is no hope in their case. That is where the system is corrupt. Someone always has to be guilty. I have watched many shows and read many stories of people who were found "guilty" of a crime, and years later DNA showed they weren’t guilty and the defendant is taken out of prison. This person lost YEARS of their life and all the justice system does is apologize? Our nation states all suspects are innocent until PROVEN guilty. The system needs to see people as innocent from the start and try to see how they would be guilty. Not guilty right off the bat. Twal456
We need to really take a look at whats going on with our judges. These are people who are appointed and elected and are concerned with just getting reelected. This can lead to corruption, just like it is in Washington. Judges are given way too much power, to just decide the punishment. There only restrictions are following minimum sentencing laws. Music 456
This has been my favorite article yet. I am in full agreement with the statement "the justice system needs to be fixed". The article explained plea-bargaining very well. Nowadays when someone commits a somewhat serious offence they are given a court date and presented with a possible sentence. I have been in this situation. I was lucky enough to afford a lawyer (NOT a public defender) to support me throughout my court case. The judge tried me with residential burglary, with the punishment of four to sixteen years in a federal penitentiary. Then you have the prosecutor breathing down my neck explaining all the "evidence" he has against me to put me away. I was later offered a plea bargain deal to plead guilty to "criminal trespass of a residence" with a punishment of three months jail time and two years of strict probation... What would you do? I was in a very bad place when my "crimes" were committed. I was heavily intoxicated and had no idea what I had done. After my jail time and probation I have a place in society today. I am motivated to live a positive and productive life. If I would have lost the case of residential burglary and got four to sixteen years prison time, I have to believe I would be much less motivated and way angrier at the justice system and society. The plea bargain did save my life and turn me into a better person but I would most likely not have obtained it without my very expensive lawyer. If the justice system could go back to rehabilitation as a default instead of prison, I believe we would have a much better outcome overall. Twal456
The criminal justice system is very corrupt. Its just like our politics in Washington. We have people elected and appointed as judges and prosecutors who abuse the system. Some of these people are only concerned with getting reelected and it causes them to loose sight of what they are there for. The people of authority are in possession of all the playing cards. Its sad in some cases, where the person is innocent but is proven guilty and to get any bargain they have to end up admitting to the crime they didnt do. Too many times these days, the wrong judges are being chosen. The judges have the last say and have way too much discretion. There was a judge in North Dakota who sentenced a rapist to jail for only 30 days just because he sympathized with the man. I think the judges need to be really looked at. Music 456
I agree that the judges need to be looked at. All they do care about is being a judge after a certain period of time. They need to be monitored and only have a certain amount of time they can be judge for. Too many innocent people are taking a plea deal. This needs to be fixed. DeadMan456
This article gave me a good insight on the court system. It explained why most criminals charged with low level crimes get pretty big sentences. We need to monitor the way the judges give out the sentences, and make them feel indifferent about public attention. Giving out these sentences is what quickly put innocent people in prison because the person charged would rather plea guilty to the crime than fight the case. DeadMan456
First of all, Thank You Judge Jed Rakoff for developing a conscious after your many years on the bench! “we’ve created a monster.” You lived in the monster’s house, and ate the monster’s food, and slept in the same bed as he. So did your family. In the later years of life people sometimes develop a new self or a 'conscience', I suppose. The question is how many vacations, houses, and cars did you buy before you decided to show disgust in the system you perform(ed) in? How many years did you lose sleep as others slept on concrete? This is the system we are allowed to move in. The minute the upper portions of this system start second guessing their position and role the system shows weakness. Then society exploits that weakness making any community even more leery of a proper trial. Judges are a part of the judicial branch of government. They are the umpires of the criminal justice system. Unfortunately, umpires are given a set of rules and guidelines to utilize in their judicial positions. Minimum mandatory sentences are not what they have ‘control’ over. They can use very little judicial discretion in these cases. These laws are created by the legislature. These are people who make our laws. These are the people we elect into office by voting……..or in the absence of voting. By not properly voting a large amount of communities live at the hands of a small percentage of its population. You feel me? This will denote how lives are going to be. The elected officials who are ‘responsible for us'. At least that what they say to get the position. Now sentencing guidelines are just that. They are guidelines where the judge has an enormous amount of discretion he can exercise. These sentences passed down from the judge are supposed to fit the crime. “Punishment shall fit the crime”. If you don’t like what the judge is selling try to take him out of that position. Legally ☺. This isn’t a farfetched idea. Unfortunately do to the enormous amount of volume going through the court system ‘timely’ trials are and will be a thing of the past without the ‘plea bargain’. Most criminal cases today are settled out of court. You don’t go for a plea bargain unless you plead guilty! So if you’re not guilty don’t plead so. Tadah! This “assembly line” way of things is the only thing keeping the court systems from being completely crippled. Maybe even to a complete stop for some people awaiting trial. Mr. Holloway states: “the fact of the matter is we don’t really know whether these plea bargains are being executed equally, fairly….blah blah blah.” Mr. H. sit down or fix it. Oh WAIT then we wouldn’t have conference speakers putting on talks about the system in need of repair. Pocketing money instead of holding conferences on how to tune the system to work. What happens to improperly warehoused people without the ability to plea? Does the system want to break the ability to plea bargain? What would happen to low level offenders then? What wolves would tend to the sheep then? This all boils down the mighty dollar. mONEy Money. I don’t buy what Rakoff is selling. He can’t speak for a vast amount of judges. Men speak for themselves not for other men. My conclusion. Plea Bargains are here to stay. Until government can match their resources with the volume of people moved through the system. “Yes, I know my enemies. They’re the teachers who taught me to fight me, compromise, conformity, assimilation, submission, ignorance, hypocrisy, brutality, THE ELITE! All of which are American Dreams..........All of which are American Dreams.” - Zacharias Manuel de la Rocha.
This article had several truths to it. My favorite was probably the situation with Rodney Roberts and how he said fighting for innocence or pleading guilty was like choosing Satan or Lucifer. For those of you who don't know, Lucifer is also Satan. What he is trying to say is he has to pick the lesser of the two evils, for of which there wasn't one. It's sad to think that in today's world that that is what court cases has come down to. It's so hard to get somebody that can fight to the best of their ability for you. Mostly because that person already has several different cases they are fighting for so they are overloaded with everything. Adding onto this, the quote that said "We created this monster and it's taken on a life of its own", is so true. We as a human have been making the crime rate rise to such a high place that it had to deal with. Although crime is still at a low point in history, there is still a lot of it.
ReplyDeleteI forgot to say that this was written by ICCRunner789.
DeleteI agree with you, it is sad of what the the courts cases come down to. If you are wealthy you can afford a your own defense attorney that devotes more time to your case because he has less clients to deal with; the public defender is for the poorer population who can’t afford their own attorney so they have them appointed to them. With all the clients the public defender has to deal with and all the trials they have to be in it is easier for the attorney to sometimes get a plea deal instead of actually fight for the person even if the person is innocent of the crime. Birdman789
DeleteIt was definitely an interesting article to read; it is kind of shocking to hear that the default sentencing for most judges was to send the person to prison, that just seems like it is not a productive way to run the judicial system. With that kind of mentality going around in the courts it is no wonder why we are the most jailing country in the world because the judge’s sentencings gravitate to incarceration over others. The story about Roberts sounds scary because he was exonerated after serving 17 years behind bars! Instead of fighting the case the public defender coerced him into taking a deal which in turn landed him in prison for something he didn’t do. There definitely needs to be a change and there needs to be more judges to speak up because issuing these sentences is doing more harm than good in my opinion. Birdman789
ReplyDeletePleading guilty to a crime you didn't commit just doesn't make sense to me. Like why would someone do that if they didn't commit the crime. I honestly can't explain it? But i feel like there is almost to many rules and to much media surrounding a certain case. All of this red tape is making our system turn into a monster we can not control. I understand the rules are there to protect the civilians rights and the officers them selfies. But there has been so many times the police have their hand tire because of the government.
ReplyDeleteI would assume that the main reason and driving factor is money. Most of this type of victimization comes to the defendant on behalf of the court itself because they are appointed an attorney. In other sad ways, they sometimes wave a civil liberty. For example, depending on the situation the defendant might wave the right to counsel (the 6th Amendment) thinking they can represent themselves during a trial. Yes, this does happen, not often but it does. If ever arrested the 5th and 6th Amendments are crucial for someone who is accused of committing a crime. The only thing is that some people think they can beat this monster on their own and screw themselves over, sometimes indefinitely. Or, the appointed lawyer is just a scumbag who wants to meet a deadline for his cases and rushes things along as quickly as possible. - StrongArm789
DeleteI agree with you about making change to this problem. These judges are ruining people lives for things that shouldn't. They need to think more about the crime and the details of it before they start handing out sentences. They are causing more harm to people than they are with helping them out. dragons789
DeleteIt is a tough concept to grasp, I do understand. My dad, who was incarcerated several times, used to tell me “you are guilty, before innocent.” After reading this it makes perfect sense. With judges that do not mind giving out harsh punishments and public defenders who can’t get to your case before it is too late just goes to show the WHOLE system need reconfigured. It all comes down to those that have money get the flue while the poor get terminal. The wealthy can get a private attorney to represent them and their sentence is a lot lighter if even convicted, while on the other hand someone with a public attorney could plead guilty due to a lack of time on the attorney. It is a shame that sometimes this is the only option to reduce your sentence, while not even thinking about what to do when you leave the facility. The judges need to be monitored just as much as a cop is, because if there is a track record of long sentences over a certain amount of time the judge should be getting reprimanded for it. In their defense you committed the crime, you’re going to do the time. If there is not a change in the judges, maybe they should no longer be a judge.
DeletePalmdaddy789
The fact that a judge’s decisions are never questioned or analyzed is the largest concern of mine. As an individual who is concerned about the current state of the legal system, I would suggest that it be necessary for his/her opinion and sentencing habits to be reviewed by a committee. This should happen at least once a month and put before a panel to discuss those judges’ trends and their decision making. This wouldn’t be to dissuade their decisions but to map out their trends and graph out charts for the public, districts, or states to view. This ‘assembly line’ can’t just roll on while innocent people are confessing to egregious crimes that some may have never committed to begin with. Giving them an option of a little time or a lot of time is absurd and these courts are only damning many innocent lives. Even if they commit a crime, let’s say of peddling drugs for the first time, it doesn’t do any good if the defense lawyer says ‘well, you did do it, so let’s just take a plea bargain so you’re given less time.’ This could be due to the lawyers being set in their ways and being used to only drug cases; then apathy sets in. A judge notices a lawyer and probably thinks, ‘here we go again.’ It’s a repetitive system because nobody has stepped forward to address it and now it will take even longer to change. Judge Rakoff has every right to define this as a Draconian system; nothing has changed and no attempts have been made to make a difference. Hopefully this judge will use his powers to influence the whole of his district or state to have an impact beyond that of southern New York. - StrongArm789
ReplyDeleteI totally agree with you. Judges should be met with more criticism and I liked your idea to meet with a committee once every month. If these meetings were to happen then the judge would notice his/her trends in deccision makings and figure out any bias' they have had in the past. Once they learn about these bias' they can go about trying to change and become a very neutral judge without any bias.
DeleteCountryGirl789
The article said many good things. One thing said that stood out to me was when Rakoff said "We created this monster and it’s taken on a life of its own”. Judges today are giving people unnecessary sentence for the crime that committed. Most people should get a little sentence or probation but instead they are getting locked away for decades for little crimes. Some people that are incarcerated are completely innocent but they get blamed for the crime and have to serve the punishment which is a sad thing. Its shocking to see the amount of judges who think its right to sentence people to harsh terms. With attitudes like that its no wonder why we are the most jailing country. Their needs to be change about this problem and more judges need to stand up and do the right thing and start sentencing people fairly for the crime the commit. dragons789
ReplyDeleteIts the biggest disgrace that an innocent person has to plead guilty so they don't spend life in prison. Our justice system has taken a life of its own and it is a monster. I agree the judges today are causing so many problems that are damaging our society. Godzilla789
DeleteIt is quite disturbing that many people have to plead out of a life sentence for something they did not do or something that was blown out of proportion while in the judicial process. The judicial system needs to fix itself. Some criminals get away with crimes that should warrant life in prison by pleading insane, while the innocent are sentenced for something minor or nothing at all.
DeleteSilverado789
I thoroughly enjoyed this article. It was very surprising to see how few cases actually go to trial, and how many cases end with plea bargains. It’s also insane how easily defendants are tricked into taking plea bargains instead of facing long sentences, when they might not even be guilty! The story about Rodney Roberts was very shocking, because this isn’t the only time that someone has spent almost two decades behind bars only to later be let out. I agree with Bradford-Gray when she said that there need to be checks and balances on prosecutors and plea bargains to enact change. I also agree with Rakoff when he said that it is a big problem that judges feel comfortable handing out long sentences. This is a very interesting time to enter this field, because we get to be the ones who enact this change and see how the criminal justice system adapts to society.
ReplyDeleteBlues456
I also was surprised by the small number of cases that actually make it to trial. Although plea bargains can be beneficial to some people who enter the criminal justice system, this article is proof that sometimes, plea bargains can be detrimental. I loved the last part of your post about how it is an interesting time to enter the field since we will be enacting the change and watching the adaptation process. I totally agree! Cards789
DeleteI thought this article was very interesting. Its sad to see that we live in a world where we have to plead guilty to a crime that we didn't commit. But this isn't always the judges fault. It could be any number of the people working in the criminal justice system fault like detectives or the lawyers. Sometimes the evidence is so stacked against someone that they have to plead guilty. It sucks that it has to be that way, but its a reality that happens everyday. I do like how judge Rakoff was questioning the system while he is a part of it himself. Hopefully this is addressed by more people soon and this problem is solved.
ReplyDeleteCountryGirl789
Lawyers! :) Perfect. Yep, those guys that are for 'our best interest'. So we can exercise our constitutional rights in the court system. Just make sure to get the public defender when he is not geeking about what he is going to eat for lunch. And god forbid you get him a 'bad day'. Evidence should be heard, and I do believe it is stacked in a lot of cases. I do not believe you an individual should plead guilty if they are not. It's an untruth and a disservice to the individual's self. I like that Judge Rakoff was questioning the system. It shows the hypocrisy of some people in this institution. I think reforming the plea bargain system is an appropriate action. Doberman789
DeleteI think that one of the first points made in this article is HUGE: "The U.S. criminal justice system is broken and needs to be fixed is a message you rarely hear from a well-respected senior federal judge." Considering the fact that it is so rare to hear the concern about our criminal justice system from people who are well-respected within the system, the average person is more than likely unaware of some of the issues within the criminal justice system. The fact that Judge Rakoff stood up and spoke about how plea bargains are a dark shadow within the criminal justice system that does not get monitored and involves too much disparity and discretion that is unknown to anyone outside of the plea deal. Since discretion can be used and disparities can occur within these deals, it is VERY important to consider the potential harm that plea deals or bargains may be causing the people in the criminal justice system. I agreed with the judge, who said that more judges these days are quick to sentence someone to prison, rather than looking for alternative solutions, like drug or alcohol treatment and work programs. Overall, this article opened my eyes to the fact that having these plea bargains can impact people that get involved in the criminal justice system. Unfortunately, because most people fear the outcome of a trial, INNOCENT people will plead guilty and accept the terms of the deal. This is a TERRIBLE aspect of our criminal justice system that I hope can be changed, and soon. Cards789
ReplyDeleteThis is a very interesting article. The fact that its easier for innocent people to plead guilty than to fight for their freedom is a reason that our society is going down the toilet. We have over worked defense attorneys who are doing their damned hardest to get people the justice they deserve. The article states that there are just too many cases they cant handle it all. Its a disgrace that innocent people have to plead guilty because there isn't enough man power or time to prove they are innocent. These judges are making these decisions that are affecting these peoples lives greatly and his decision isn't even looked at or questioned. We need a new generation of judges that look more towards rehabilitation instead of punishment and incarceration. We need judges that realize there is a problem and who want to fix it. There is a huge problem with out justice system it needs to change to fit with the norms of society we need to help develop the new justice system that will be revolutionary. Godzilla789
ReplyDeleteIt is a tough concept to grasp, I do understand. My dad, who was incarcerated several times, used to tell me “you are guilty, before innocent.” After reading this it makes perfect sense. With judges that do not mind giving out harsh punishments and public defenders who can’t get to your case before it is too late just goes to show the WHOLE system need reconfigured. It all comes down to those that have money get the flue while the poor get terminal. The wealthy can get a private attorney to represent them and their sentence is a lot lighter if even convicted, while on the other hand someone with a public attorney could plead guilty due to a lack of time on the attorney. It is a shame that sometimes this is the only option to reduce your sentence, while not even thinking about what to do when you leave the facility. The judges need to be monitored just as much as a cop is, because if there is a track record of long sentences over a certain amount of time the judge should be getting reprimanded for it. In their defense you committed the crime, you’re going to do the time. If there is not a change in the judges, maybe they should no longer be a judge.
ReplyDeletePalmdaddy789
I think this article is interesting because it is about someone within the criminal justice system who acknowledges the flaws in the system and is talking about them objectively. I think something interesting in this article is the talk of judges. A few years ago, jail was something that judges didn’t want to send people too, they wanted to keep as many people out of it as possible. They wanted the people to get help with their problems. Even then there were people who couldn’t be fixed by drug institutes and things along those lines, but those were the people sentenced to time in jail. Nowadays, jail seems to be the answer to a lot of cases brought before a judge, which is unfortunate seeing as most of the people in jail, are good people. Another thing that hit me is how little is known about plea bargains, it is done behind closed doors, and no one knows if it is even being executed in a fair, equal, or honest way. How little is known about plea bargains is not good, because so many cases in America are resolved using plea bargains. Piglet456
ReplyDeleteMost people in jail are good people. I agree on that. Judge's should before getting elected into the job be put through a program that teaches them that in many scenarios jail is not the answer. I think if we did this then we would see a major change in the criminal court system and the criminal themselves.
DeleteExtreme456
Most people in jail are good people I agree with that in the comment above me. As you will hear a lot of cops say they just catch people on their bad days, and they end up in jail. -dicaprio012
DeleteI totally agree because it needs to come a point where they need to pick up the pace and not try to act like everything will be ok. Well it's time that someone needs to take a stand or put there foot down. DaBulls456
DeleteIt is very intriguing that a very well known judge would state that our criminal justice system is damaged and broken and needs fixed. I completely agree with that statement. Instead of sending people with drug problems and such to prison or jail right away, we should put them through rehab centers or other places to help get them clean and become a better person. Not put them in a tiny area and make them go even more bat shit crazy than they already are because the judge's first reaction is to lock them away. Rakoff mentions that in the older days the percentage of cases that went to trial were fifteen percent but today it is only three percent that go to trial now because of the plea bargain. I personally do not like the plea bargain. You should not be punished differently just because you admitted to doing something wrong instead of how you would be punished had you not said you were guilty. Every criminal should own up to what they did. I am not pleased that a person who admits they committed the crime gets less time or released on good behavior than someone who did the same exact crime but did not plead guilty. They both do the crime they should both do the same time. Admitting a crime should not justify you and let you get off more than if you did not. This needs to be changed.
ReplyDeleteExtreme456
I agree with you on all. I think that we should try to put them in a rehab center, instead of just always putting people in prison. I think that's one good way, we can start to make the Criminal Justice System better than what it already is. I believe if a person stay in prison that long, it'll only make them want to try something crazy again.
DeletePolice456
People who are taking drugs and get caught I believe that they should also go to rehab instead of jail. We should be helping them get back on their feet instead of locking them up. People who go to prison even when they do not commit the crime bothers me. They waste a good part of their lives in a cell for a crime they did not commit and that is not right for anyone.
Deletebamboo456
I agree completely with what you are saying. People deserve a shot to get clean and try to get their life on track. Sometimes all people need is a shot to prove to themselves that there is something better out there for them. Condemning people to jail isn’t going to prove that to them, and it isn’t the way things should be done. Piglet456
DeleteI find this article intriguing. If what the Judge said is true, then many judicial officials are hypocritical. I have heard in my classes and in the media that judges and the judicial system are looking for ways to reduce overpopulation in the jails and prisons. So if some judges find the idea of long-term sentencing adequate for less serious charges, then why do they complain of overcrowding. There needs to be more transparency on this issue. There also needs to be a revision to how the judicial system works in this aspect. We can't have people who do not entirely deserve a massive sentence sent to prison for long periods of time. This could cause overcrowding, the hardening of individuals, and inequality. This plea bargaining issue is also worth noting. Quite a few individuals would rather take the bargain of a lesser sentence for an action they did not perform than commit more time and capital to a bogus case. I agree with the judge that there should be some sort of cap or check on plea bargaining. I hate to imagine an innocent person being sentenced to prison for a crime they did not commit.
ReplyDeleteSilverado789
The article can be seen in many different ways. I think its not right how the Criminal Justice System is set up today. I think in a way you should be always innocent until proven guilty. I think there are way to many people doing life in prison for a crime they didn't commit, but its the way system is set up. I believe wealth have somethin to do with this also. I think that if you have a lot of money, you will not be likely to do a lot of time, rather than somebody having no money. Broke, homeless, Ect. If you had committed a crime you are being convicted of, and you knowing deep down inside you didn't do it. Chances are you'll be convicted of it again. I don't think they should be always sent to prison for life, but they should get a good amount of rehab, and any other consoling that works for them. I find the article to be a good one. I also find that innocent people will plea to being guilty, than rather fighting for there freedom. Overall, it was a great article. I don't think innocent people shouldn't have to go through this. I think we all should have a fair trail. And, not everyone should be sent to prison.
ReplyDeletePolice456
What happened to innocent until proven guilty? I believe that's the way our criminal justice system should be set up. Too many people for non violent crimes are being locked up like they did commit a violent crime. Drug offenses are becoming sentenced as long as murder cases. Where is the equality in that? Most people who are selling drugs only know that as their way of lives, all they know is innovation, yes it's still against the law. But why lock them up for life? Why not try to rehabilitate them in prison or jails to come out with an education or job skills so they don't go back to the life of crime. The saddest part of it all is that if your poor in the criminal justice system your more likely going down for a crime faster than the likes of someone who is richer than you..and most of the time well from some of the cases i've read about the richer guy is going to be guilty over the poor man who was just in the wrong place at the wrong time. I know I always go back to it but it's a prime example (OJ SIMPSON). I believe we should try to rehabilitate offenders, but I also know you can only try to help someone so much until they go back to that life of crime. No one with a drug problem should be sentenced to life in prison. That's just absurd. We all should have the right to a fair trial all and all thats the point i wanted to get across from this article. -dicaprio012
ReplyDeleteI thought this article mad some very outstanding points. The one that caught my eye the most when it states "No one ever knows the truth is, no one ever knows what the facts are." I thought that was the best statement through out the article because it's true. When the public wants to know all the facts but they only get so little or they can get lies about the what happened in the crime scene. Why is we get to know so little and try to keep it from us I mean we are all going to know the truth eventually and it will just cause more commotion then anything. Another piece of statement I thought stood out also was "This is a system, because it's so totally un-transparent, is it inevitably going to lead to some serious mistakes." I thought that was also outstanding because everyone will make so many mistakes and it will not be good on there end of the stick. I mean our justice system will have that one person to make society so mad over just one little mistake. It's time the system owns up to there standards and do it correctly. DaBulls456
ReplyDeleteThe article was a nice read and informed more on how people go to prison even if they do not commit the crime. To me, it seems that judges or the criminal justice system want to prove someone guilty, just so they feel that they solved the crime and can move on. This means that people that do not fight and plead guilty go to prison like Roberts did. It also surprises me that Roberts public defender told him to take the deal, and go to prison. Instead of fighting, he helped send and innocent person to prison for 17 years. I feel some reasons will do this is because they are tired that no one believes them. Some people quit fighting when there is no one there to fight with them. The system is broken; they send people to prisons for many years for non-violent crimes. People who are taking drugs should not be thrown in jail for years, but get help and go to rehab. There are many things that need to change and this is one of them.
ReplyDeletebamboo456
I agree, I think it is sad that some people will just give up because they think there is no hope in their case. That is where the system is corrupt. Someone always has to be guilty. I have watched many shows and read many stories of people who were found "guilty" of a crime, and years later DNA showed they weren’t guilty and the defendant is taken out of prison. This person lost YEARS of their life and all the justice system does is apologize? Our nation states all suspects are innocent until PROVEN guilty. The system needs to see people as innocent from the start and try to see how they would be guilty. Not guilty right off the bat. Twal456
DeleteWe need to really take a look at whats going on with our judges. These are people who are appointed and elected and are concerned with just getting reelected. This can lead to corruption, just like it is in Washington. Judges are given way too much power, to just decide the punishment. There only restrictions are following minimum sentencing laws.
DeleteMusic 456
This has been my favorite article yet. I am in full agreement with the statement "the justice system needs to be fixed". The article explained plea-bargaining very well. Nowadays when someone commits a somewhat serious offence they are given a court date and presented with a possible sentence. I have been in this situation. I was lucky enough to afford a lawyer (NOT a public defender) to support me throughout my court case. The judge tried me with residential burglary, with the punishment of four to sixteen years in a federal penitentiary. Then you have the prosecutor breathing down my neck explaining all the "evidence" he has against me to put me away. I was later offered a plea bargain deal to plead guilty to "criminal trespass of a residence" with a punishment of three months jail time and two years of strict probation... What would you do? I was in a very bad place when my "crimes" were committed. I was heavily intoxicated and had no idea what I had done. After my jail time and probation I have a place in society today. I am motivated to live a positive and productive life. If I would have lost the case of residential burglary and got four to sixteen years prison time, I have to believe I would be much less motivated and way angrier at the justice system and society. The plea bargain did save my life and turn me into a better person but I would most likely not have obtained it without my very expensive lawyer. If the justice system could go back to rehabilitation as a default instead of prison, I believe we would have a much better outcome overall. Twal456
ReplyDeleteThe criminal justice system is very corrupt. Its just like our politics in Washington. We have people elected and appointed as judges and prosecutors who abuse the system. Some of these people are only concerned with getting reelected and it causes them to loose sight of what they are there for. The people of authority are in possession of all the playing cards. Its sad in some cases, where the person is innocent but is proven guilty and to get any bargain they have to end up admitting to the crime they didnt do. Too many times these days, the wrong judges are being chosen. The judges have the last say and have way too much discretion. There was a judge in North Dakota who sentenced a rapist to jail for only 30 days just because he sympathized with the man. I think the judges need to be really looked at.
ReplyDeleteMusic 456
I agree that the judges need to be looked at. All they do care about is being a judge after a certain period of time. They need to be monitored and only have a certain amount of time they can be judge for. Too many innocent people are taking a plea deal. This needs to be fixed. DeadMan456
DeleteThis article gave me a good insight on the court system. It explained why most criminals charged with low level crimes get pretty big sentences. We need to monitor the way the judges give out the sentences, and make them feel indifferent about public attention. Giving out these sentences is what quickly put innocent people in prison because the person charged would rather plea guilty to the crime than fight the case. DeadMan456
ReplyDeleteFirst of all, Thank You Judge Jed Rakoff for developing a conscious after your many years on the bench! “we’ve created a monster.” You lived in the monster’s house, and ate the monster’s food, and slept in the same bed as he. So did your family. In the later years of life people sometimes develop a new self or a 'conscience', I suppose. The question is how many vacations, houses, and cars did you buy before you decided to show disgust in the system you perform(ed) in? How many years did you lose sleep as others slept on concrete? This is the system we are allowed to move in. The minute the upper portions of this system start second guessing their position and role the system shows weakness. Then society exploits that weakness making any community even more leery of a proper trial. Judges are a part of the judicial branch of government. They are the umpires of the criminal justice system. Unfortunately, umpires are given a set of rules and guidelines to utilize in their judicial positions. Minimum mandatory sentences are not what they have ‘control’ over. They can use very little judicial discretion in these cases. These laws are created by the legislature. These are people who make our laws. These are the people we elect into office by voting……..or in the absence of voting. By not properly voting a large amount of communities live at the hands of a small percentage of its population. You feel me? This will denote how lives are going to be. The elected officials who are ‘responsible for us'. At least that what they say to get the position. Now sentencing guidelines are just that. They are guidelines where the judge has an enormous amount of discretion he can exercise. These sentences passed down from the judge are supposed to fit the crime. “Punishment shall fit the crime”. If you don’t like what the judge is selling try to take him out of that position. Legally ☺. This isn’t a farfetched idea. Unfortunately do to the enormous amount of volume going through the court system ‘timely’ trials are and will be a thing of the past without the ‘plea bargain’. Most criminal cases today are settled out of court. You don’t go for a plea bargain unless you plead guilty! So if you’re not guilty don’t plead so. Tadah! This “assembly line” way of things is the only thing keeping the court systems from being completely crippled. Maybe even to a complete stop for some people awaiting trial. Mr. Holloway states: “the fact of the matter is we don’t really know whether these plea bargains are being executed equally, fairly….blah blah blah.” Mr. H. sit down or fix it. Oh WAIT then we wouldn’t have conference speakers putting on talks about the system in need of repair. Pocketing money instead of holding conferences on how to tune the system to work. What happens to improperly warehoused people without the ability to plea? Does the system want to break the ability to plea bargain? What would happen to low level offenders then? What wolves would tend to the sheep then? This all boils down the mighty dollar. mONEy Money. I don’t buy what Rakoff is selling. He can’t speak for a vast amount of judges. Men speak for themselves not for other men. My conclusion. Plea Bargains are here to stay. Until government can match their resources with the volume of people moved through the system. “Yes, I know my enemies. They’re the teachers who taught me to fight me, compromise, conformity, assimilation, submission, ignorance, hypocrisy, brutality, THE ELITE! All of which are American Dreams..........All of which are American Dreams.” - Zacharias Manuel de la Rocha.
ReplyDeleteDoberman789
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