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Legal Dice Roll: To Trial or Not to Trial?
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Juries in America don't seem to understand that any doubt should be not guilty.
In the UK, it's much the same.
I have a friend that got accused of doing something he didn't do (it was his colleague that actually did it).
He waited 6 years before the trial finally went ahead and pleased innocent. He was unsuccessful and was sentenced to 18 months in prison.
Meanwhile, in those intervening years, the actual culprit was found, pleaded guilty and got 6 months, released after 3.
For maintaining his innocence, my friend was sentenced more harshly then the person who actually did the crime.
Not only that, the ramifications after release continued. The length of time my friend spent jobless because he has to truthfully answer job applications that asked if one had a criminal conviction was almost 5 years.
Meanwhile, due to the lesser sentence the actual criminal got, he was basically clean when he left prison and got a job within a month.
So to recap: The innocent guy spent a total of 11 years on welfare and has 10 years on a criminal ledger
The actual guilty party spent 6 months without a job and even less time serving time for the crime and was back in a job before the innocent party had even had his trial.
MY friends Lawyer told him to plead guilty as the sentence would be far shorter and ongoing sanction less harsh!
When did defending your innocence effectively become punishable.
Where did we get it so wrong?
"Yeah, if he was so innocent, why not go for an appeal"
— Well, because my friend was warned, if an appeal fails and the conviction is upheld, not only would he have to serve every single minute of his 18 month sentence in prison (instead of just under half), he might have even more time tacked on for "Not accepting that he was wrong and failing to learn his lessons"
A lot of people that choose to go to trial are innocent…..!
The system is the most evil shit ever