Wednesday, November 5, 2014

"Reflections on a Career" by an attorney INJUSTICE in our criminal justice system

"Reflections on a Career" by an attorney is a short 1.5 page article that was given to us in the MS program.

I have two TIFF files of the two pages which need examination...so I am searching from whence this article came.  pp 239 and 240.... of  "criminal justice organizations administration and management" judging from a search engine. Authors are likely Stojkovic/Klofas.

I need to further investigate and obtain a copy from the library if I cannot find the book and/or article on the web. 

This article made a major impression on me at the time and now.

The synopsis I would offer is this;
Young attorney graduates from law school, passes the bar and is hired by a law firm.
S/he is given a low level case involving a man who had previously been convicted of a crime . A man who had no funds to pay for a good defense.

Therefore the man was not going to get one...he was not going to receive justice.
My tiff files are poor and hard to read with aging eyes. The attorney who writes this describes how s/he found deficiencies that would give the man a chance to not plea bargain as the prosecution, the detective, the judge and her/his law firm desired. 

The criminal justice system (all players) wanted to make the case quick and easy...swept under the carpet.

The young attorney would have none of it and represented the man in court...and won. He was acquitted
.
The attorney's law firm wanted her/him to apologize to all these justice players for giving them so much trouble. She refused for obvious reasons...s/he believed s/he held the high ground. S/he was fired a month later. Again...the judge, the prosecutor, the detective and the defense law firm WANTED to plea bargain this away. 

How often does this happen? No, not the attorney persisting in holding the high ground but in innocent people plea bargaining their lives away for the pleasure of the players in the system.
Often in my opinion...and personal experience...in the Warren County, Ohio criminal justice system.
I was lucky. I refused the plea bargains because the prosecutor was being used by four people to gain my assets...which I did lose...but I was acquitted of the trumped up charges...instead of pleading guilty to one of the two charges in order to have the more serious charge dropped. 

Later my attorney who saved me in criminal court won for me a defamation suit against the two people, a couple who assisted in aiding the prosecution so they could be paid by the main character in this ploy, after I was convicted. Well, I was not and they paid much by going through the civil defamation charges in court. I received a pittance of what they had taken from me.

Going through "this" is NOT an anomaly in the system IMO...it is likely the general rule. At least I could afford the attorney who was smart and had a serious ego problem with the thought of "losing". Thankfully. Survival was not easy. The jury took two days on my misdemeanor charges, to find me not guilty. It could have gone either way I now realize. At the time I KNEW I was going to be found not guilty because I was NOT guilty.
It does not work that way.



I have talked, in person, to some involved in that case, including the corrupt prosecutor Rachel Hutzel (unfortunately deceased). Widmer is innocent according to the justice system mandate concerning Beyond a Reasonable Doubt...additionally there is NO motive for Widmer to murder, and no evidence of such...however there was MUCH motive for Rachel Hutzel to convict him. Hutzel was running for office. Embarrassment for malfeasance would likely ruin her chances. Ryan went to prison so Hutzel could be elected. She was elected. Then she died of cancer. Ryan rots in prison, still, I believe, although there have been recent efforts (actually efforts never stopped) to release Widmer.

I never believed what happened to me and what happened to Widmer COULD EVER happen.
Do you feel the same way?
If so read
This book should scare the hell out of you.

"If our criminal justice system is to be a true justice system, then due process must attach at all stages. Right now, prosecutors run riot. That needs to change. " Glenn Harlan Reynolds,  




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