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Tuesday, May 17, 2011

Most in the US Convict on Charges Alone

In France the people are trying to understand how so many Americans convict upon arrest. After all, this is the legal system that is often referred to as the best in the world, right? Conviction is supposed to be by a jury or the result of a guilty plea and the cries heard around the world are innocent until proven guilty. What they left out was that police and prosecutors have all the power in the US criminal justice system and unless you're a cop, you will be convicted when arrested in the court of public opinion.

Hell, look at me – a jury said “not guilty” on all counts, but the majority of Americans convict me anyway. Why do you think I write books and attempt to support myself doing so? Furthermore, in Florida an arrest record is not erased when a jury acquits. I have no idea if this is the case in New York, or not.

The arrest of IMF Chief Dominique Strauss-Kahn in Manhattan is sending a message around the world. The part that I really do not comprehend is how they can justify holding him at Rikers Island with no bail. Let's not pretend that this man could hide even if he is out of the US, and Rikers is one of the most dangerous jails in this country. They also put him on suicide watch.

Strauss-Kahn has already been convicted in the court of public opinion in the US and his political career may well be over with, at least in so far as a presidential election goes. He has already been asked to resign from his high level position. It all rested on the judgment of a cop or two and a prosecutor or two or three. Can they make it stick in court is really their only question. Innocence or guilt has little to do with it.

Beyond that, in time he will be pushed into a plea deal of some sort. How so? It will be a simple issue of weighing the options as it is for so many here (around 95%). The deal offered could be probation and a fine or a year or two in prison versus a potential (or at least possible) sentence of 25+ years in a New York State prison if he loses at trial.

If he is a lucky man charges will be dismissed, but this is doubtful as once the decision to arrest a high profile person such as Strauss-Kahn has been made, it has already been reviewed by the prosecutor's office and they intend to prosecute.

So much for that myth of innocence until guilt is proven that so many live by here. May it never happen to you.

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