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	<title>Comments on: The presumption of guilt</title>
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	<link>http://apublicdefender.com/2010/04/04/the-presumption-of-guilt/</link>
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	<item>
		<title>By: Genealogy</title>
		<link>http://apublicdefender.com/2010/04/04/the-presumption-of-guilt/comment-page-1/#comment-115578</link>
		<dc:creator>Genealogy</dc:creator>
		<pubDate>Thu, 18 Aug 2011 11:02:11 +0000</pubDate>
		<guid isPermaLink="false">http://apublicdefender.com/?p=2936#comment-115578</guid>
		<description>[...] us who choose to dedicate our lives to the criminal justice system. Though most may not choose to repeatedly quote Ammianus Marcellinus or repeatedly invoke the image of Sisyphus, we are all aware of our [...]</description>
		<content:encoded><![CDATA[<p>[...] us who choose to dedicate our lives to the criminal justice system. Though most may not choose to repeatedly quote Ammianus Marcellinus or repeatedly invoke the image of Sisyphus, we are all aware of our [...]</p>
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		<title>By: Fruminous Bandersnatch</title>
		<link>http://apublicdefender.com/2010/04/04/the-presumption-of-guilt/comment-page-1/#comment-83436</link>
		<dc:creator>Fruminous Bandersnatch</dc:creator>
		<pubDate>Thu, 27 Jan 2011 15:56:10 +0000</pubDate>
		<guid isPermaLink="false">http://apublicdefender.com/?p=2936#comment-83436</guid>
		<description>I have a standing policy concerning criminal charges, which given that I get arrested periodically for such heinous offenses as &quot;suspicion of suspicion (LAPD, 1981)&quot;, has proved useful.

For misdemeanors (which usually just cost me money) you will get an automatic guilty plea.  Doesn&#039;t mean I did it, it means that the cost/benefit analysis indicates that there will be less damage with an immediate guilty plea, pay the fine, and go on about my life.

Felonies are another matter.  Those involve jail time, I have to fight them.  That can get expensive, but the cops can easily prove that I stole the car (all they have to do is to say so) but it is much more difficult to prove I owned it (requires pulling DMV records, getting the previous owner into court, etc. etc. etc.) (has happened three times so far).  But you have to fight.

And even if you can prove you bought the car off a lot in Pasadena, here is the title in my name, here is the salesman who sold me the car, here is the cancelled check I paid for the car with, here is the insurance policy and registration, doesn&#039;t mean you will win.  And the cops know this.

It really all comes down to what you can afford, how much money you have.</description>
		<content:encoded><![CDATA[<p>I have a standing policy concerning criminal charges, which given that I get arrested periodically for such heinous offenses as &#8220;suspicion of suspicion (LAPD, 1981)&#8221;, has proved useful.</p>
<p>For misdemeanors (which usually just cost me money) you will get an automatic guilty plea.  Doesn&#8217;t mean I did it, it means that the cost/benefit analysis indicates that there will be less damage with an immediate guilty plea, pay the fine, and go on about my life.</p>
<p>Felonies are another matter.  Those involve jail time, I have to fight them.  That can get expensive, but the cops can easily prove that I stole the car (all they have to do is to say so) but it is much more difficult to prove I owned it (requires pulling DMV records, getting the previous owner into court, etc. etc. etc.) (has happened three times so far).  But you have to fight.</p>
<p>And even if you can prove you bought the car off a lot in Pasadena, here is the title in my name, here is the salesman who sold me the car, here is the cancelled check I paid for the car with, here is the insurance policy and registration, doesn&#8217;t mean you will win.  And the cops know this.</p>
<p>It really all comes down to what you can afford, how much money you have.</p>
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		<title>By: tainted for life &#124; Speaking of JonBenet&#8230;.</title>
		<link>http://apublicdefender.com/2010/04/04/the-presumption-of-guilt/comment-page-1/#comment-68205</link>
		<dc:creator>tainted for life &#124; Speaking of JonBenet&#8230;.</dc:creator>
		<pubDate>Fri, 20 Aug 2010 13:19:47 +0000</pubDate>
		<guid isPermaLink="false">http://apublicdefender.com/?p=2936#comment-68205</guid>
		<description>[...] got to assume that it&#8217;s coincidence that I read Gideon&#8217;s eloquent and agonized take on the presumption of guilt from yesterday pretty much back to back with this morning&#8217;s [...]</description>
		<content:encoded><![CDATA[<p>[...] got to assume that it&#8217;s coincidence that I read Gideon&#8217;s eloquent and agonized take on the presumption of guilt from yesterday pretty much back to back with this morning&#8217;s [...]</p>
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		<title>By: Deterrent? Not Actually</title>
		<link>http://apublicdefender.com/2010/04/04/the-presumption-of-guilt/comment-page-1/#comment-64852</link>
		<dc:creator>Deterrent? Not Actually</dc:creator>
		<pubDate>Thu, 15 Jul 2010 02:23:07 +0000</pubDate>
		<guid isPermaLink="false">http://apublicdefender.com/?p=2936#comment-64852</guid>
		<description>[...] Taking the DNA of people merely arrested seems to extend that terrible generalization to all who are unlucky enough to be arrested, thus furthering the presumption of guilt. [...]</description>
		<content:encoded><![CDATA[<p>[...] Taking the DNA of people merely arrested seems to extend that terrible generalization to all who are unlucky enough to be arrested, thus furthering the presumption of guilt. [...]</p>
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		<title>By: Indigent defense on trial</title>
		<link>http://apublicdefender.com/2010/04/04/the-presumption-of-guilt/comment-page-1/#comment-64470</link>
		<dc:creator>Indigent defense on trial</dc:creator>
		<pubDate>Tue, 13 Jul 2010 00:10:45 +0000</pubDate>
		<guid isPermaLink="false">http://apublicdefender.com/?p=2936#comment-64470</guid>
		<description>[...] that they choose to ignore this reflects a dangerous attitude that underscores how deep the &#8220;guilty until proven innocent&#8221; culture runs in the justice system. There may be some hope, though. The appeals court did [...]</description>
		<content:encoded><![CDATA[<p>[...] that they choose to ignore this reflects a dangerous attitude that underscores how deep the &#8220;guilty until proven innocent&#8221; culture runs in the justice system. There may be some hope, though. The appeals court did [...]</p>
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		<title>By: Innocence on a clock</title>
		<link>http://apublicdefender.com/2010/04/04/the-presumption-of-guilt/comment-page-1/#comment-64132</link>
		<dc:creator>Innocence on a clock</dc:creator>
		<pubDate>Wed, 07 Jul 2010 11:36:35 +0000</pubDate>
		<guid isPermaLink="false">http://apublicdefender.com/?p=2936#comment-64132</guid>
		<description>[...] are two indelible truths about the system here in the US: it is the criminal conviction system and finality is king (an idea that deserves a fuller post; [...]</description>
		<content:encoded><![CDATA[<p>[...] are two indelible truths about the system here in the US: it is the criminal conviction system and finality is king (an idea that deserves a fuller post; [...]</p>
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		<title>By: Gideon</title>
		<link>http://apublicdefender.com/2010/04/04/the-presumption-of-guilt/comment-page-1/#comment-59109</link>
		<dc:creator>Gideon</dc:creator>
		<pubDate>Thu, 22 Apr 2010 02:50:47 +0000</pubDate>
		<guid isPermaLink="false">http://apublicdefender.com/?p=2936#comment-59109</guid>
		<description>That&#039;s a fairly accurate understanding of Alford. The implication is also correct: the Alford doctrine and the presumption of innocence are both legal fictions.</description>
		<content:encoded><![CDATA[<p>That&#8217;s a fairly accurate understanding of Alford. The implication is also correct: the Alford doctrine and the presumption of innocence are both legal fictions.</p>
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		<title>By: Gerard</title>
		<link>http://apublicdefender.com/2010/04/04/the-presumption-of-guilt/comment-page-1/#comment-59108</link>
		<dc:creator>Gerard</dc:creator>
		<pubDate>Thu, 22 Apr 2010 02:44:13 +0000</pubDate>
		<guid isPermaLink="false">http://apublicdefender.com/?p=2936#comment-59108</guid>
		<description>So I&#039;m reading the Journal Inquirer today about some person who pled guilty under the &quot;Alford doctrine.&quot; Which, as this non-lawyer understands it, means &quot;I didn&#039;t do it but I think I&#039;d get convicted if it went to trial.&quot; Which, logically says -- if it is possible legally to prove something that didn&#039;t happen -- that whole presumption of innocence thing isn&#039;t real.</description>
		<content:encoded><![CDATA[<p>So I&#8217;m reading the Journal Inquirer today about some person who pled guilty under the &#8220;Alford doctrine.&#8221; Which, as this non-lawyer understands it, means &#8220;I didn&#8217;t do it but I think I&#8217;d get convicted if it went to trial.&#8221; Which, logically says &#8212; if it is possible legally to prove something that didn&#8217;t happen &#8212; that whole presumption of innocence thing isn&#8217;t real.</p>
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		<title>By: alice harris</title>
		<link>http://apublicdefender.com/2010/04/04/the-presumption-of-guilt/comment-page-1/#comment-58664</link>
		<dc:creator>alice harris</dc:creator>
		<pubDate>Fri, 16 Apr 2010 01:46:29 +0000</pubDate>
		<guid isPermaLink="false">http://apublicdefender.com/?p=2936#comment-58664</guid>
		<description>Once, just once, I convinced a prosecutor to drop a very serious charge against a client well before the jury selection date.  She trusted me.  I trusted her.  My investigation of the crime was thorough.  That of the police, superficial.  Because I trusted this particular prosecutor, I shared the results of my investigation with her.  Wonderfully, amazingly, the case was dropped!  Oh, what it be worth to have a State Attorney&#039;s Office people by such honest prosecutors.</description>
		<content:encoded><![CDATA[<p>Once, just once, I convinced a prosecutor to drop a very serious charge against a client well before the jury selection date.  She trusted me.  I trusted her.  My investigation of the crime was thorough.  That of the police, superficial.  Because I trusted this particular prosecutor, I shared the results of my investigation with her.  Wonderfully, amazingly, the case was dropped!  Oh, what it be worth to have a State Attorney&#8217;s Office people by such honest prosecutors.</p>
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	<item>
		<title>By: Gideon</title>
		<link>http://apublicdefender.com/2010/04/04/the-presumption-of-guilt/comment-page-1/#comment-58250</link>
		<dc:creator>Gideon</dc:creator>
		<pubDate>Thu, 08 Apr 2010 14:56:37 +0000</pubDate>
		<guid isPermaLink="false">http://apublicdefender.com/?p=2936#comment-58250</guid>
		<description>Bah. Prosecutors have no sense of humor.</description>
		<content:encoded><![CDATA[<p>Bah. Prosecutors have no sense of humor.</p>
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