Friday, November 12, 2021

Because Popehat And I Are Of Like Mind On These Topics

All of them? The law is not conducted in reality the way it is on TeeVee. Or for TeeVee, for that matter. TeeVee constructs a narrative (be it "news" or a "courtroom drama"). Reality creates it's own narrative. It's called "reality." And it's not a TeeVee show. Deal with it. Exactly. I'm glad it was done by a grand jury, and that an arrest warrant has been issued. A '60's activist lawyer could still scream "POLITICAL!" But with as much reduced credibility as the criminal justice system can provide. And we don't need any more of this: "A slothlike pace" is the anti-MAGA equivalent of "LOCK HER UP!"  Except we're saying it about "bad guys," so it's okay.

No, it's not.  (Yes, the system has it's problems.  But those aren't solved by "reforming it" so it acts like DoorDash whenever you want the "bad guy" locked up yesterday.)

All things come to those who wait.

Blogger is STILL not letting me comment, so I'm pulling rank and posting this response to the comment below:

All presentations of the legal system outside actually sitting in a courtroom are delusions.

And most of those are delusions, too, since no two judges are exactly alike.  And most non-lawyers don't know what's going on, or why it's going on.  I saw an article this morning that said the Judge might have more influence in the Rittenhouse case in the jury charge than anywhere else.  Every trial lawyers knows that.  Non-lawyers never understand it, because "trials" in fiction never include the tedious negotiations over the charge, or even show the jury actually being charged and given specific questions to answer (in fiction the jury is only asked to decide who's guilty.  It never works that way in a courtroom; but if you don't understand how THAT works, it all seems even more delusional.)  I think in the Rumpole stories the judge just "sums up" the case, usually against Rumpole's client.  The jury charge at least gives the defense lawyer a chance to get a word in.

"Delays" are part of the system because the system is crowded.  It's crowded because everything in America is a crime, a burden that falls mostly on the poor. The rich have lawyers who keep them out of criminal court.  I have absolutely no idea what to do about that.

1 comment:

  1. I'd settle in cases like the one of executive privilege with a separate rocket-docket that would provide minimal opportunities to game the system for delay.

    As for Bruce Schroeder, I think the signals of bias have reached past a tipping point where it's clear he's trying to get an outcome he wants. Having elected judges is even worse than the other way of appointing them. If that's the way judges are allowed to operate the belief that things were better here than in the Rumple stories is a delusion.

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