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Culture War Roundup for the week of September 18, 2023

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  1. Is there any reason you need a law degree for what you do? Or is it 98% just learning the processes of how cases work?

  2. Wish I could share my stories. I’ve got a few but not Dui’s. But don’t want to give away things that could be traced. I’ve always hired an attorney. Usually thru a friends parent who had a friend. One time I was a bit rowdy at a high profile bar but they let me in the next day so I knew no one would show up at the date but paid a lawyer 1k to show up for me. Probably get a little more service paying but I’d assume you’re correct that you get the same thing from a public defender. Everyone should honestly go to jail once or twice it’s an interesting experience if you’re the kind of person who likes getting an inside view. I’d also assume the attorney somewhat enjoyed giving me a play-by-play as a slightly more intelligent client.

  3. I wish their was some way we could get rid of the trial penalty, but there are too many cases and it would clog the system when most of the time your guilty and we just need to do the process.

Edit: at some point I’ve seen things where people advertise themselves as former prosecutors/law enforcement. I always assume that by paying them you get a better deal because you’re paying for the current prosecutors exit strategy.

No, law degrees and law schools are practically useless in my opinion. The most they helped with is probably the writing classes that teach you the intricacies and minutiae of legal writing. I see degrees/schools as just the apparatus of the profession's cartel in restricting the supply. Specialization matters a ton, and there's no way to quickly inject the experience of knowing the difference between on paper versus in practice. All that comes with on the job experience.

One possible way we could return to the norm of jury trials could be to relax evidence standards. Something as simple as playing a video requires witness testimony to "authenticate" the recording, which means someone either present at the scene or whoever is the "custodian" of the video tapes. It feels needlessly stringent.

Advertising yourself as a former prosecutors/LEO is just a way to showcase how much respect those professions get from the public, and adds a nod about knowing how the system works. I know plenty of former prosecutors who are now defense attorneys; some immediately flame-out because they can't deal with clients, and the rest tend to be stellar at their job.

Is there any reason you need a law degree for what you do? Or is it 98% just learning the processes of how cases work?

Heh, divorced of context this could apply to many areas of legal practice.

It is probably true that you could just train somebody on a script and that would suffice for like 70% of cases, but there are always those odd/edge cases where there's no substitute for experience and knowledge + being able to think on your feet.

I’ve seen things where people advertise themselves as former prosecutors/law enforcement.

This is usually implying (probably correctly) that they have the inside connections to get things handled more quickly and they know exactly how the prosecutors are trained and how their internal guidelines for sentencing and such are set up so they can very accurately tell you what the prosecutor is going to offer and your odds of actually going to jail.

For the last part I was implying that there is an implicit bribe. I assume the local lawyer has those connections after doing a few hundred cases. But by hiring the former cop/prosecutor the current prosecutor knows you are paying one of their people.

They would certainly have the connections. Curious if paying into the system and the revolving door has any effect.

I've seen very little evidence to suggest that there's a 'bribery' aspect actually going on. I'm sure there's some places where there is such corruption, but it likely isn't the rule.

Its indeed very natural for someone who quits being a prosecutor for the private sector to go into criminal defense work, those skills and knowledge don't directly transfer anywhere else.

I remember one time I heard Ken Griffin use identical language as Jerome Powell introduced 2 days later. Citadel has paid Yellen etc for speeches when she was out of office.

Bribe might be too strong. But I always assumed hiring the guy just out of the prosecutors office offered a benefit more than he knows the system.