Criminal Law, Legal Practice

What Would Happen If You Actually Demanded Your Day In Court?

Did you know that more than 90% of all court cases, criminal and civil, are never actually decided by a court?  That isn’t to say they don’t make it to court, only that they are “resolved” by way of plea bargain, settlement, or other agreement to dispose of the case without having to present any real evidence.  Why?  Because our system is engineered to avoid trials.

I had a professor once tell me that if every single person who currently had a pending court case, criminal or civil, suddenly decided to actually go to trial, and refuse to deal the case away, that it would be nearly 30 years before the courts could deal with them all.  And… that doesn’t contemplate all the cases that would still be filed today, tomorrow, next week, next month, etc.

Our system is just not built to handle the current case load.  Here is an opinion piece that I came across this morning, suggesting that the only way to deal with the inequities of our system is to refuse to play the game.  I’m not suggesting that this is the right answer, but it poses a good question:  When the system isn’t working for you, why should you play by their rules?

NY Times Op Ed (March 11, 2012):  Go to Trial – Crash the Justice System

 

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About jimcorleylaw

Maryland Attorney, focusing on Criminal Defense and Personal Injury cases. Centrally located in Baltimore County, near Towson.

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