Do you believe there should be a pre trial, before a case goes to trial, due to police incompetence?
U hear it all the time, innocent people goes to prison, due to cops not doing their job properly. Eg. Few years ago, a case of missing child, instead of finding the child, the lead detective just conclude the father killed the kid for insurance money and arrest him, morning after the couple report kid missing, after proving father not innocent in court, the couple must hire private detectives to find the child. Another case, a man spend years in jail, over a rape never happen, because arresting officer was trusting to women(she lie to avoid paying damaging his car) and didn't investigate
Certain cases have grand juries, where you present evidence to even see if there is a possibility that there is enough evidence to "possibly" convict. After this, you can ask for a summary judgment (ask the judge to rule that that case does not have enough evidence to warrant a case) and for the judge to decide even before a jury. The fact is, police incompetence is something a defense attorney needs to bring up in their case. The problem is many people have limited income and get a legal aid lawyer who is severely overworked. These lawyers are handling so many cases at once, it is almost impossible to put in 100% in a big case. This is why so many innocent people are told to plea out or take a no contest. A No Contest says you admit to enough facts to find you guilty "possibly" if it went to trial, however, normally you will not serve any jail sentence so long as you meet your conditions for a stated time. 20-30 years ago sometimes a mere accusation and your inability to provide an alibi (you were alone) meant you were going to be locked up unless you pled out. Today with DNA testing, it is helping to reduce erroneous convictions, however, they still happen. This is why it is important for the defense attornies to stress in their closing arguments the standard for conviction. That being said, if you as on probation or parole in certain states and are accused of another crime, you can be found in violation of your parole if it is "more reasonable than not" you committed the crime (i.e. you can be found innocent of the crime - due to the evidence not being beyond a shadow of a doubt, but still go to jail if the judge believe you more likely than not committed the last crime, which will trigger a parole violation).
In NYS, your public pretender is inherently incompetent if have over 35 cases at once and some have over 135 - so, 99% of all cases are pled out with the pubic pretender as if they are doing you a 'favor'.
U.S. Constitution › Eighth Amendment
But because 8th amendment violations, excessive bail that prisoners are unable to pay, will plead out just so not sitting in jail, while they lose everything outside, the car, the home, restart utilities deposits, etc, so in order to avoid, most plead out.
Arizona has no expungement
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