alt Hacker News> Federal prosecutors have a ton of power. Conviction rates are 98-99%.
This always gets thrown around, but the fact is they should be that high. Prosecutors shouldn't bring cases unless they have evidence of guilt beyond a reasonable doubt, and DOJ prosectors don't (normally) screw around.
When you see lower rates of conviction, as in the current ethically bankrupt administration, it's often malicious prosecution, aka "You'll beat the rap, but you won't beat the ride."
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I would be fine if high conviction rates reflected prosecutor's only bringing good cases. It doesn't. It reflects the odds being stacked against you and it being so expensive and high risk to defend yourself.
This high cost and power imbalance is used to force people into plea deals for crimes they didn't commit.
Let me give you an example: 924C enhancements [1]. This is where certain drug or violent crimes being committed with a firearm can add years or even decades to a sentence automatically.
Let's just say you live in a concealed carry state and you have a weapon on you. You're walking home and the police pick you up. You match the description of one of two people who were smoking drugs in an alley as per a 911 call. The other person was already picked up by police. He was unarmed. His story was that you sold him the drugs. He also claims you brandished a pistol.
Was there a drug transaction? Or was this simply two people smoking together? The other person had a small quantity of drugs on him when apprehended.
A 911 call mentioned seeing a weapon drawn. It was dark. You can go through versions of this scenario where you were the other person or it was a case of mistaken identity. Eitehr is bad for you.
What if the other person sold you the drugs and made up this story to avoid a distribution charge? What if as a teenager you had a minor possession charge? What if prosecutors believe the other person and make a deal for a reduced sentence in exchange for testimony?
You have a gun and now 2 witnesses who say you "brandished" the gun. So whatever charge you end up with the "brandishing a firearm" part (under 924(c)) adds 7 years to your sentence to be served consecutively. And they've stopped you with a firearm.
So what was a "he said, she said" situation has now turned into a situation where you could be facing 10 years in jail and defending against that could well cost you $200,000+, which you don't have. Or you can take this plea for 2 years in jail. What do you do?
[1]: https://www.nyccriminalattorneys.com/18-u-s-c-%C2%A7-924c-th...
No, the original poster is 100% correct and if anything understating the issue.
US Attorneys are enormously powerful and because federal law is so vague in many ways, attracting their attention is a kiss of death. Most of federal defense work is highly technical and more about managing pleas and the mandatory sentencing guidelines. They agree to punishment and shape the plea deal to some crime that hits the number.
This weird technical approach to “justice” results in bad outcomes in other ways. The famously self-promoting Preet Bharara ended up letting a bunch of people free who quite obviously were taking bribes and fixing bids go free by abusing the “Honest Services” laws, which were subsequently thrown out on appeal.
The current administration is different - their weaponization of the system means that they literally can’t appoint qualified attorneys, who fear disbarment for what they will be directed to do. AUSAs have quit en masse and they are forced to hire toadies from 3rd tier law schools like Liberty University and make weird interim appointments. It’s a great time to be a criminal.