[LargeFormat] Bob Shell (was Roman numerals on Zeiss barrel lenses)

[Dan Kalish]

I want the thread to die and I agree we should refrain from comments about 
this case in particular.  However, now that the thread has gone into 
time-worn right wing generalizations, I feel I must respond.

I seem to be siding with Richard Knoppow.   See below.



>From: "Stuart Phillips" <stuart.phillips@rcn.com>
>To: <largeformat@f32.net>
>Subject: Re: [LargeFormat] Roman numerals on Zeiss barrel lenses
>Date: Wed, 25 Jun 2003 18:11:30 -0400
>Reply-To: largeformat@f32.net
>
>... snip ...

>  "The justice system works only when very dedicated people MAKE it
>work,..." - the legal system in this country (much like the political and
>medical systems) does NOT work. So called plea-bargaining where you are
>punished for demanding a trial is but one example of  a system which has
>been perverted largely by lawyers (in the guise of trial lawyers, judges and
>politicians) so that they can increase their work flow. It certainly has
>nothing to do with the English system of justice past or present as many
>like to suggest.

Here we go with America is a litigious society, fueled by lawyers.  Staying 
away from torts and sticking with criminal justice, you say judges, 
politicians and trial lawyers are responsible for the plea bargaining 
system.  What happened to the District Attorney?  The D.A. is the one that 
presses charges and agrees to drop charges for a plea to a lesser offense.

Judges usually rubber stamp an agreement; sometimes they put a little 
pressure on the parties.  The defense attorney doesn't benefit from 
prolonging a case.  In some jurisdictions (such as Manhattan), the D.A. is 
responsible and will not let a case go to trial unless the D.A. firmly 
believes the defendant is guilty.  In other jurisdictions, the Assistant 
D.A. handling the case will push the case to trial out of insecurity 
regardless of the merits.

I disagree that plea bargaining punishes a defendant for going to trial.  A 
plea bargain is usually an estimate of how the case will go: a weighted 
average.  If the defendant declines an offer, goes to trial, and is 
convicted, the judge considers that offer in deciding on sentence.

I practiced Criminal Defense in two jurisdictions: New York and North 
Carolina.  They were at opposite poles when it comes to plea 
bargains.  Almost every case in New York is settled; almost none are in 
North Carolina.  Judges in NC sentenced harshly.  However, it all comes out 
in the wash.  The jails in NC were so crowded that defendants served about 
one month for every year of their sentence.  So convicted defendants in NC 
served about the same amount of time as convicted defendants in NY.

As to bashing lawyers in general, the Bill of Rights would mean nothing if 
the D.A. could do as he pleased.  And just wait until you personally need a 
lawyer.




>"What he has undertaken is an indication of his humanity. " - is he working
>pro bono?

A lawyer always loses money on high profile cases.  He can't handle any 
other cases while he's busy with this one; the courts are far far away from 
where he lives; Marc will not be adequately compensated.

... snip ...


> >   If you have never served on a jury on a criminal case I
> > recommend it as one of life's more educational experiences.
> >   I will not respond further to this thread and suggest it
> > be cut off.
> > ---
> > Richard Knoppow
> > Los Angeles, CA, USA
> > dickburk@ix.netcom.com