Pubdate: Thu, 27 Aug 2009
Source: East Valley Tribune (AZ)
Copyright: 2009 East Valley Tribune.
Contact:  http://www.eastvalleytribune.com
Details: http://www.mapinc.org/media/2708
Author: Matt Brown

PRISONER PROSECUTION WASTES TAX MONEY

I currently represent a client charged with possession of marijuana.
By itself, that's not unusual. What is unusual, however, is that the
state claims he had weed in prison. He just finished serving his 18th
year, and he's got a little over 56 years left to go. He's
middle-aged.

Why would the state choose to prosecute such a case? What else can
they do to him? He's going to enjoy his field trips to court. If he
goes to trial, it's going to feel good to wear street clothes and take
the restraints off, even if it's just for a little while. What kind of
plea is a "lifer" going to want to take?

The prosecutor knows all of this because I told him. He doesn't seem
to care.

Dockets are already too full. Everyone in the system is already
overworked. When I hear about budget cuts, I wonder how much of the
budget goes to meaningless prosecutions. Win or lose, the practical
effect of my client's case is going to be the same: It won't matter.
We will all just be a little bit busier for the next few months.

I will file motions. In this case, there might be a lot of them. I
suspect I will have to litigate some discovery issues, and I will
spend time dealing with voir dire and jury instructions. I'll write
and send out a variety of letters and notices before all is said and
done. The state will have to deal with everything I submit, and the
judge will have to rule. I will conduct officer interviews, prepare my
arguments and devote a few days to trial.

Trials are expensive. Court personnel will be in attendance, and the
sheriff will have to transport my client there from prison. My client
will need clothes, and a court reporter will have to be there for all
proceedings. Jurors will take time from their busy schedules to attend
trial, and the judge will not be hearing other cases. The courtroom
will be occupied, air conditioning blasting.

I enjoy trial, but I'm not crazy about wasting tax dollars on
pointless cases. This case is pointless. Does anyone disagree? Under
what theory of punishment can the prosecution be justified? Why should
taxpayers be forced to pay for such a ridiculous show?

Please, someone enlighten me. 
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MAP posted-by: Richard Lake