Sunday, October 28, 2007

8 & 9

"Bonds and bail can take many forms. Some bonds require that 100 percent of the face amount be posted, others require only 10 percent and still others may require only that a defendant give a signature to a promise to appear in court. These latter bonds are known as 'signature bonds.'" Signature bonds certainly aren't mentioned in Law & Order (where I've learned most -- read: all -- of my legalese). I didn't even know they existed until I read this. I'd like to think that they were used back in the good old days -- when men had honor, when a signature was as good as chash...but they're probably still used today, and just aren't cool enough to mention in tv scripts.

I thought it was interesting that the author said that sometimes the defendant is better off pleading guilty, because prosecutors will be more willing to make deals and judges more willing to decrease the severity of sentences. Prosecutors and judges often reward defendants for helping them wrap up the case as expediently as possible. The author made it seem like guilty defendants are punished extra harshly if they avoid the plea bargain option.

The chapter reaffirmed what I learned back in high school government classes: That the defense is given every possible advantage in the court system. The prosecution has to identify what evidence it will use against the defendant before it is actually presented in court; the defense gets to hold its cards closer to the chest. Yay, democracy!

I thought it was interesting that "gag order" is not a term used by judges and lawyers, but a phrase coined by the media. It makes sense -- "gag order" implies that the motion to seal certain documents or limit public exposure to court proceedings is an injustice; of course the media would want to portray these limitations as such. Judges and lawyers call gag orders "protective orders."

I thought it was very interesting that the author mentioned that, in the last 15 years, DNA testing has resulted in new evidence being found post-trial that proved a convicted defendant not guilty. Individuals have gone free after spending time in prison because of such testing. Yay, science!

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