Dersh throws out a legal HYPOTHETICAL
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Poast new message in this thread
Date: December 17th, 2018 2:07 PM Author: brilliant business firm
Its funny to think that Dersh use to be a respected criminal defense lawyer. He's still a Prof at HLS, amazingly. Now he just seems senile and absurd.
And Rudy use to be a US Attorney, literally used that to become mayor. Now he seems like a solo SHITLOYLER from Nebraska or something.
Fucking idiots
(http://www.autoadmit.com/thread.php?thread_id=4157623&forum_id=2#37421776) |
Date: December 17th, 2018 6:27 PM Author: aggressive theater
I unfortunately agree with whoever this Mariotti faggot is (wasn't he qb at oregon a few years ago? another pac-12 queer).
Everyone who does any federal criminal defense work knows this: you'll bitch up a storm if they set your guy up for a queen-for-a-day talk and then *only* ask shit that they already know, but even then you can't do shit about it; and every interview does and should contain some "is this guy lying" litmus questions, and -- shockingly! -- when the interviewee lies, the feds know immediately, and thus a disproportionate # of those lies get prosecuted.
Turning to dersh's only colorable defense -- which is the "he was law professoring about what the law *should* be" argument -- it's very weird (shitty pedagogy at best) to not mention that this question has been resolved more definitively than most questions about ambiguous elements of federal crimes.
(http://www.autoadmit.com/thread.php?thread_id=4157623&forum_id=2#37423285) |
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Date: December 17th, 2018 7:22 PM Author: aggressive theater
The more typical situation is that they tack on a false statements charge to get the statement in front of the jury, or, if they don't need it, just wait and get the obstruction enhancement under the guidelines at sentencing. I can't say I've represented someone who wasn't already in big trouble at the point of their interview. (Because, normally, if you weren't, then why would you lie?)
More than anything else, Title 18 of the U.S. Code is a blank check from Congress to prosecutors to put anyone they want in prison. The big reaction to the Warren Court's constitutional procedural activism was to circumvent it with substance, e.g., 'oh you have to prove every element of the offense BRD? even this one that was causing us to lose 4.2% of the time? well fuck that then, we're just gonna take that element out entirely." The few elements left in modern statutes are drafted so broadly that virtually any case can get to trial -- and there's no summary-judgment like procedure in criminal cases, so unless the feds go out of their way to draft an indictment that doesn't state the elements of the offense (oh and there's no twombly/iqbal, either! they just repeat the fucking statute and tack on the date and District), your only chance to strike a substantively inappropriate charge is at your jury trial.
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Anyway, you're obviously right. I've always found it funny that I've never, ever seen or even heard of a prosecution for perjury in a private civil proceeding (i.e., where the government (usually the IRS) was not a party to the case). And doing that every now and then in the occasional egregious case would actually create positive incentives. But lie to the FBI and they'll use every weapon at their disposal (obstruction, false statements, false declarations, perjury, etc.) to fuck you. (I should mention that, to the extent the agency is the one pushing the prosecution, this is a particularly FBI-specific gayness. I've had DEA/HSI/ATF cases where I thought for sure they were going to tack on charges and they didn't.)
(http://www.autoadmit.com/thread.php?thread_id=4157623&forum_id=2#37423584) |
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Date: December 18th, 2018 3:50 PM Author: aggressive theater
I've gotten jury-trial acquittals in federal criminal cases, not flame. It's usually for low-man-on-the-totem-pole drug cases, though. I've won on a "blind mule" defense. I do think the federal defense bar (which tends to be state-level crim practitioners who do a little federal work, as opposed to mostly civil "federal court" guys who do crim work as well as civ) is way too plea-focused from the get-go. They also tend to be shitty negotiators; I've seen countless pleas where all the defendant get in return is the shitty 3-point acceptance-of-responsibility credit.
The big problem for *good* lawyers is that fed sentencing is so harsh that the AUSA can very often give you an *enormous* discount for pleading guilty, such that the def is left with a discount that's too good to turn down while the gov't is left with you still serving an ungodly sum that's really more than you deserve anyway -- think of a drug-trafficking case where the role is low (dealer, not mule, but low-level dealer) and the drug quantity is high, and a client with literally no criminal history might be facing a GL range of 19.5 to 28 years, so the government offers you a flat 9.
I'd say that, in my jurisdiction (which is a sort of hippie-dippy state within a conservative federal circuit, kind of like the opposite of Idaho/Montana), *most* drug-related defendants -- yes, most, of the entire range of seriousness of drug crimes -- who are unlucky enough to go federal end up with more real prison time than the average defendant convicted of homicide (across all degrees) in the state system. (Bear in mind that federal 'good time' credit is limited to 15% max, ever. Most state inmates serve only 50% of the number printed on the face of the J&C).
(http://www.autoadmit.com/thread.php?thread_id=4157623&forum_id=2#37428486) |
Date: December 18th, 2018 12:17 AM Author: Insecure Skinny Woman French Chef
Dershowitz's point is not that crazy. As a corporate attorney, most docs have provisions that rep breaches can't be enforced if the party knew they were breached at closing - I believe that most courts would enforce it that way.
Not unreasonable to say that the government shouldn't be able to enforce crimes for which their is no harm.
(http://www.autoadmit.com/thread.php?thread_id=4157623&forum_id=2#37425302) |
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