why would you ever admit to doing something you didn’t do
something you didn’t do
something you didn’t do your professor accused you of plagiarism
your professor accused you of plagiarism
your professor accused you of plagiarism cheating on a test your partner accuses
cheating on a test your partner accuses
cheating on a test your partner accuses you of cheating on them and you didn’t
you of cheating on them and you didn’t
you of cheating on them and you didn’t would you say you did of course not
would you say you did of course not
would you say you did of course not let’s talk about a different context the
let’s talk about a different context the
let’s talk about a different context the criminal justice system where people are
criminal justice system where people are
criminal justice system where people are most vulnerable the bedrock of our
most vulnerable the bedrock of our
most vulnerable the bedrock of our system is innocent until proven guilty
system is innocent until proven guilty
system is innocent until proven guilty we have checks in our system to protect
we have checks in our system to protect
we have checks in our system to protect the innocent a person charged with a
the innocent a person charged with a
the innocent a person charged with a crime doesn’t have to prove that they’re
crime doesn’t have to prove that they’re
crime doesn’t have to prove that they’re innocent rather the prosecution has to
innocent rather the prosecution has to
innocent rather the prosecution has to prove their guilt beyond a reasonable
prove their guilt beyond a reasonable
prove their guilt beyond a reasonable doubt person charged with a crime is
doubt person charged with a crime is
doubt person charged with a crime is provided a lawyer who can question
provided a lawyer who can question
provided a lawyer who can question witnesses and prevent and present
witnesses and prevent and present
witnesses and prevent and present favorable evidence to protect their
favorable evidence to protect their
favorable evidence to protect their freedom and their rights the reality
freedom and their rights the reality
freedom and their rights the reality however is most criminal cases don’t go
however is most criminal cases don’t go
however is most criminal cases don’t go to trial where a defendant has those
to trial where a defendant has those
to trial where a defendant has those protections whopping 97 percent of cases
protections whopping 97 percent of cases
protections whopping 97 percent of cases are disposed of through plea bargains
are disposed of through plea bargains
are disposed of through plea bargains plea bargain is when someone charged
plea bargain is when someone charged
plea bargain is when someone charged with a crime admits guilt to that crime
with a crime admits guilt to that crime
with a crime admits guilt to that crime or a lesser crime in exchange for a
or a lesser crime in exchange for a
or a lesser crime in exchange for a reduction in the sentence seen as a
reduction in the sentence seen as a
reduction in the sentence seen as a win-win for everyone the prosecution
win-win for everyone the prosecution
win-win for everyone the prosecution gets a conviction without having to put
gets a conviction without having to put
gets a conviction without having to put the work in of proving their case the
the work in of proving their case the
the work in of proving their case the defendant gets a break in sentencing but
defendant gets a break in sentencing but
defendant gets a break in sentencing but is it a win-win if innocent people pled
is it a win-win if innocent people pled
is it a win-win if innocent people pled guilty the things that they didn’t do in
guilty the things that they didn’t do in
guilty the things that they didn’t do in this country in every single
this country in every single
this country in every single jurisdiction every single day
jurisdiction every single day
jurisdiction every single day innocent people plead guilty to crimes
innocent people plead guilty to crimes
innocent people plead guilty to crimes they did not commit and our system
they did not commit and our system
they did not commit and our system encourages it and what I want to talk to
encourages it and what I want to talk to
encourages it and what I want to talk to you is why people who are innocent plead
you is why people who are innocent plead
you is why people who are innocent plead guilty what things we can do to change
guilty what things we can do to change
guilty what things we can do to change that system and why it is we should
that system and why it is we should
that system and why it is we should now in my time as a public defender for
now in my time as a public defender for
now in my time as a public defender for seven years in Washington DC and the
seven years in Washington DC and the
seven years in Washington DC and the Bronx
Bronx
Bronx seen firsthand how the system processes
seen firsthand how the system processes
seen firsthand how the system processes people through to sort of cause this to
people through to sort of cause this to
people through to sort of cause this to happen
happen
happen and want to tell you about one of my
and want to tell you about one of my
and want to tell you about one of my clients met Joseph Taylor in the
clients met Joseph Taylor in the
clients met Joseph Taylor in the courthouse lock up several hours after
courthouse lock up several hours after
courthouse lock up several hours after he had been arrested for selling drugs
he had been arrested for selling drugs
he had been arrested for selling drugs to an undercover officer which is a
to an undercover officer which is a
to an undercover officer which is a felony
felony
felony mr. Taylor was working part time at
mr. Taylor was working part time at
mr. Taylor was working part time at Whole Foods in their produce department
Whole Foods in their produce department
Whole Foods in their produce department and was very stressed because he needed
and was very stressed because he needed
and was very stressed because he needed to get to work that afternoon the police
to get to work that afternoon the police
to get to work that afternoon the police claimed that mr. Taylor sold a ziploc
claimed that mr. Taylor sold a ziploc
claimed that mr. Taylor sold a ziploc bag of cocaine to an undercover officer
bag of cocaine to an undercover officer
bag of cocaine to an undercover officer for $20
for $20
for $20 when mr. Taylor was arrested however he
when mr. Taylor was arrested however he
when mr. Taylor was arrested however he didn’t have drugs on him and he didn’t
didn’t have drugs on him and he didn’t
didn’t have drugs on him and he didn’t have that pre-recorded buy money used to
have that pre-recorded buy money used to
have that pre-recorded buy money used to buy the drugs on him which were clearing
buy the drugs on him which were clearing
buy the drugs on him which were clearing occasions to me that this was a garbage
occasions to me that this was a garbage
occasions to me that this was a garbage case despite these clear signs of
case despite these clear signs of
case despite these clear signs of indicate these indications of his
indicate these indications of his
indicate these indications of his innocence when we went before the judge
innocence when we went before the judge
innocence when we went before the judge the judge set bail on mr. Taylor for
the judge set bail on mr. Taylor for
the judge set bail on mr. Taylor for $5,000 an amount he could not make which
$5,000 an amount he could not make which
$5,000 an amount he could not make which meant that mr. Taylor was going to
meant that mr. Taylor was going to
meant that mr. Taylor was going to remain incarcerated until his case was
remain incarcerated until his case was
remain incarcerated until his case was over or somehow he could come up with
over or somehow he could come up with
over or somehow he could come up with $5,000 now his next court date was a
$5,000 now his next court date was a
$5,000 now his next court date was a week later and during that week the
week later and during that week the
week later and during that week the prosecutor made me a one-time plea offer
prosecutor made me a one-time plea offer
prosecutor made me a one-time plea offer he could plead guilty to a misdemeanor
he could plead guilty to a misdemeanor
he could plead guilty to a misdemeanor and be sentenced to probation which
and be sentenced to probation which
and be sentenced to probation which meant at his next court date he would
meant at his next court date he would
meant at his next court date he would get out of jail when I went to meet mr.
get out of jail when I went to meet mr.
get out of jail when I went to meet mr. Taylor to tell him about the case he
Taylor to tell him about the case he
Taylor to tell him about the case he looked worn out after spending an entire
looked worn out after spending an entire
looked worn out after spending an entire week in jail and when I told him the
week in jail and when I told him the
week in jail and when I told him the offer he immediately wanted to take it
offer he immediately wanted to take it
offer he immediately wanted to take it meant he could get out so when we went
meant he could get out so when we went
meant he could get out so when we went before the judge to sort of actually
before the judge to sort of actually
before the judge to sort of actually take the plea the judge asked him a
take the plea the judge asked him a
take the plea the judge asked him a litany of questions to make sure that he
litany of questions to make sure that he
litany of questions to make sure that he in fact wanted to take the plea and one
in fact wanted to take the plea and one
in fact wanted to take the plea and one of the questions he asked mr. Taylor was
of the questions he asked mr. Taylor was
of the questions he asked mr. Taylor was whether anyone had threatened or forced
whether anyone had threatened or forced
whether anyone had threatened or forced him to take that plea and mr. Taylor
him to take that plea and mr. Taylor
him to take that plea and mr. Taylor said no one had but I knew that was not
said no one had but I knew that was not
said no one had but I knew that was not true the system had coerced him to take
true the system had coerced him to take
true the system had coerced him to take that plea and mr. Taylor story isn’t
that plea and mr. Taylor story isn’t
that plea and mr. Taylor story isn’t unique
unique
unique and frankly under the options he has I
and frankly under the options he has I
and frankly under the options he has I can’t say he made the right decision
can’t say he made the right decision
can’t say he made the right decision but our system forces this sort of
but our system forces this sort of
but our system forces this sort of decision-making on behalf of people who
decision-making on behalf of people who
decision-making on behalf of people who are charged with crimes how well first
are charged with crimes how well first
are charged with crimes how well first it’s the bail system the opposition of
it’s the bail system the opposition of
it’s the bail system the opposition of bail puts a defendant a name in a very
bail puts a defendant a name in a very
bail puts a defendant a name in a very weak bargaining position the purpose of
weak bargaining position the purpose of
weak bargaining position the purpose of bail is to ensure that someone comes
bail is to ensure that someone comes
bail is to ensure that someone comes back to court the logic is if you pay a
back to court the logic is if you pay a
back to court the logic is if you pay a certain amount of money you’ll have an
certain amount of money you’ll have an
certain amount of money you’ll have an incentive to come back to court because
incentive to come back to court because
incentive to come back to court because if you do come back to court you get
if you do come back to court you get
if you do come back to court you get your money back regardless of how the
your money back regardless of how the
your money back regardless of how the case regardless of the outcome of the
case regardless of the outcome of the
case regardless of the outcome of the case and if you don’t the court keeps
case and if you don’t the court keeps
case and if you don’t the court keeps your money the problem is is most people
your money the problem is is most people
your money the problem is is most people who are coming through the criminal
who are coming through the criminal
who are coming through the criminal justice system or charged with crimes
justice system or charged with crimes
justice system or charged with crimes are poor so they can’t afford to pay
are poor so they can’t afford to pay
are poor so they can’t afford to pay bail so rather than being an incentive
bail so rather than being an incentive
bail so rather than being an incentive to come back to court
to come back to court
to come back to court it says mechanism to hold people in in
it says mechanism to hold people in in
it says mechanism to hold people in in New York State for example 60% of the
New York State for example 60% of the
New York State for example 60% of the people who are incarcerated in this
people who are incarcerated in this
people who are incarcerated in this state are incarcerated because they’re
state are incarcerated because they’re
state are incarcerated because they’re being held on bail they’ve committed no
being held on bail they’ve committed no
being held on bail they’ve committed no crime and when you are in you are
crime and when you are in you are
crime and when you are in you are desperate to get out because you’re live
desperate to get out because you’re live
desperate to get out because you’re live those are disrupted you’re missing work
those are disrupted you’re missing work
those are disrupted you’re missing work you can’t take care of your kids you’re
you can’t take care of your kids you’re
you can’t take care of your kids you’re missing your daily obligations the
missing your daily obligations the
missing your daily obligations the second reason is that tough on crime in
second reason is that tough on crime in
second reason is that tough on crime in tality for those in the criminal justice
tality for those in the criminal justice
tality for those in the criminal justice system who have the power the product
system who have the power the product
system who have the power the product the cops police officers the prosecutors
the cops police officers the prosecutors
the cops police officers the prosecutors the judges for police officers meaning
the judges for police officers meaning
the judges for police officers meaning tough-on-crime means arresting as many
tough-on-crime means arresting as many
tough-on-crime means arresting as many people as possible
people as possible
people as possible police officers are rewarded for
police officers are rewarded for
police officers are rewarded for arresting more people arrest statistics
arresting more people arrest statistics
arresting more people arrest statistics are valued over actually doing real
are valued over actually doing real
are valued over actually doing real police work investigating cases and when
police work investigating cases and when
police work investigating cases and when you arrest more people that causes a
you arrest more people that causes a
you arrest more people that causes a strain in the criminal justice system
strain in the criminal justice system
strain in the criminal justice system prosecutors have more cases to handle
prosecutors have more cases to handle
prosecutors have more cases to handle public defenders have more cases than
public defenders have more cases than
public defenders have more cases than handle the the system is over as
handle the the system is over as
handle the the system is over as congested
congested
congested are delayed for prosecutors being tough
are delayed for prosecutors being tough
are delayed for prosecutors being tough on crime Ian’s getting convictions and
on crime Ian’s getting convictions and
on crime Ian’s getting convictions and getting convictions as quickly as
getting convictions as quickly as
getting convictions as quickly as possible so they can move on to the next
possible so they can move on to the next
possible so they can move on to the next case there is no incentive to sort of
case there is no incentive to sort of
case there is no incentive to sort of look at the case make sure they really
look at the case make sure they really
look at the case make sure they really have the right person and for judges
have the right person and for judges
have the right person and for judges being tough on crimes means locking as
being tough on crimes means locking as
being tough on crimes means locking as many people up as possible so you’re
many people up as possible so you’re
many people up as possible so you’re dealt with that system where no one has
dealt with that system where no one has
dealt with that system where no one has the incentive sort of look to see if
the incentive sort of look to see if
the incentive sort of look to see if they have the right person and this
they have the right person and this
they have the right person and this sadly played out in a case that got
sadly played out in a case that got
sadly played out in a case that got notoriety of kalief Browder who is a 16
notoriety of kalief Browder who is a 16
notoriety of kalief Browder who is a 16 year old in the Bronx it’s charged with
year old in the Bronx it’s charged with
year old in the Bronx it’s charged with robbery taking someone’s backpack based
robbery taking someone’s backpack based
robbery taking someone’s backpack based on one witness’s testimony or
on one witness’s testimony or
on one witness’s testimony or observations and he was arrested bail
observations and he was arrested bail
observations and he was arrested bail was set on him for $3,000 and that his
was set on him for $3,000 and that his
was set on him for $3,000 and that his family could not make and he would not
family could not make and he would not
family could not make and he would not take any plea offer because he was
take any plea offer because he was
take any plea offer because he was innocent and he waited in jail for three
innocent and he waited in jail for three
innocent and he waited in jail for three years before a prosecutor finally looked
years before a prosecutor finally looked
years before a prosecutor finally looked at the case and realized that they had
at the case and realized that they had
at the case and realized that they had problems with their witness and
problems with their witness and
problems with their witness and dismissed the case and unfortunately
dismissed the case and unfortunately
dismissed the case and unfortunately during those three years mr. Browder
during those three years mr. Browder
during those three years mr. Browder withstood unimaginable and emotional
withstood unimaginable and emotional
withstood unimaginable and emotional abuse and two years after he was
abuse and two years after he was
abuse and two years after he was released committed suicide the third
released committed suicide the third
released committed suicide the third problem that it causes this problem is
problem that it causes this problem is
problem that it causes this problem is this one imbalance of information
this one imbalance of information
this one imbalance of information between the government and the one
between the government and the one
between the government and the one entity to sort of stand up for the
entity to sort of stand up for the
entity to sort of stand up for the defendant the defense attorney when
defendant the defense attorney when
defendant the defense attorney when someone is arrested the police generate
someone is arrested the police generate
someone is arrested the police generate numerous reports and documents that the
numerous reports and documents that the
numerous reports and documents that the prosecutor has in their possession about
prosecutor has in their possession about
prosecutor has in their possession about the case but they do not end there none
the case but they do not end there none
the case but they do not end there none or no obligation of the law to turn that
or no obligation of the law to turn that
or no obligation of the law to turn that information over to defense attorney
information over to defense attorney
information over to defense attorney until shortly before trial after that
until shortly before trial after that
until shortly before trial after that period of time when they make that
period of time when they make that
period of time when they make that one-time plea offer and what’s more is
one-time plea offer and what’s more is
one-time plea offer and what’s more is they if they have possession in their
they if they have possession in their
they if they have possession in their possession information that shows your
possession information that shows your
possession information that shows your client didn’t do it
client didn’t do it
client didn’t do it scalp Ettore information that’s called
scalp Ettore information that’s called
scalp Ettore information that’s called Brady information they’re also under no
Brady information they’re also under no
Brady information they’re also under no obligation to turn that over right away
obligation to turn that over right away
obligation to turn that over right away until shortly before trial so you’re
until shortly before trial so you’re
until shortly before trial so you’re left with a system where the defense
left with a system where the defense
left with a system where the defense attorney when they’re negotiating with
attorney when they’re negotiating with
attorney when they’re negotiating with the prosecutor about a plea agreement or
the prosecutor about a plea agreement or
the prosecutor about a plea agreement or it can or advising their client on
it can or advising their client on
it can or advising their client on whether to take that one-time plea offer
whether to take that one-time plea offer
whether to take that one-time plea offer don’t have all the information about
don’t have all the information about
don’t have all the information about their case when I was representing mr.
their case when I was representing mr.
their case when I was representing mr. Taylor during that week period I wasn’t
Taylor during that week period I wasn’t
Taylor during that week period I wasn’t provided all the police reports I
provided all the police reports I
provided all the police reports I couldn’t effectively advise them on
couldn’t effectively advise them on
couldn’t effectively advise them on whether this one-time play offer was
whether this one-time play offer was
whether this one-time play offer was something he should take it’s a system
something he should take it’s a system
something he should take it’s a system of prosecution by ambush now there are
of prosecution by ambush now there are
of prosecution by ambush now there are things we can do to change this one of
things we can do to change this one of
things we can do to change this one of the things is bail reform putting
the things is bail reform putting
the things is bail reform putting defendants in a stronger position of
defendants in a stronger position of
defendants in a stronger position of bargaining when a defendant is out they
bargaining when a defendant is out they
bargaining when a defendant is out they are less desperate to to make sort of
are less desperate to to make sort of
are less desperate to to make sort of rash decisions right because their lives
rash decisions right because their lives
rash decisions right because their lives aren’t disrupted in the same way there
aren’t disrupted in the same way there
aren’t disrupted in the same way there was a study of four hundred and twenty
was a study of four hundred and twenty
was a study of four hundred and twenty thousand cases in 2016 and it showed
thousand cases in 2016 and it showed
thousand cases in 2016 and it showed that those who gained pretrial release
that those who gained pretrial release
that those who gained pretrial release who are let out before trial were
who are let out before trial were
who are let out before trial were fifteen percent less likely to be found
fifteen percent less likely to be found
fifteen percent less likely to be found guilty if you are out it’ll challenge
guilty if you are out it’ll challenge
guilty if you are out it’ll challenge your case you’ll take it to trial if the
your case you’ll take it to trial if the
your case you’ll take it to trial if the purpose of bail is to make sure people
purpose of bail is to make sure people
purpose of bail is to make sure people come back to court well there are other
come back to court well there are other
come back to court well there are other things that can be done to ensure that
things that can be done to ensure that
things that can be done to ensure that short of setting some sort of monetary
short of setting some sort of monetary
short of setting some sort of monetary value New York City for example
value New York City for example
value New York City for example experiment with a pilot program where
experiment with a pilot program where
experiment with a pilot program where they sent simple text message reminders
they sent simple text message reminders
they sent simple text message reminders to people about Cordain that resulted in
to people about Cordain that resulted in
to people about Cordain that resulted in a 90 percent success rate if people come
a 90 percent success rate if people come
a 90 percent success rate if people come to court you could have people just call
to court you could have people just call
to court you could have people just call back into court weekly to make sure that
back into court weekly to make sure that
back into court weekly to make sure that they’re still engaged with the system
they’re still engaged with the system
they’re still engaged with the system the second thing we can do is be smart
the second thing we can do is be smart
the second thing we can do is be smart on crime rather than tough on crime this
on crime rather than tough on crime this
on crime rather than tough on crime this sort of dragnet approach of arresting
sort of dragnet approach of arresting
sort of dragnet approach of arresting people you know arresting as many people
people you know arresting as many people
people you know arresting as many people as possible brings innocent people into
as possible brings innocent people into
as possible brings innocent people into the system it might make us feel safer
the system it might make us feel safer
the system it might make us feel safer but it doesn’t actually play out that we
but it doesn’t actually play out that we
but it doesn’t actually play out that we are safer and prosecutors should be
are safer and prosecutors should be
are safer and prosecutors should be looking not just for convictions to make
looking not just for convictions to make
looking not just for convictions to make sure they’re getting the right people is
sure they’re getting the right people is
sure they’re getting the right people is aiming their cases early in the
aiming their cases early in the
aiming their cases early in the proceedings and we also should have
proceedings and we also should have
proceedings and we also should have discovery reforms put defense attorneys
discovery reforms put defense attorneys
discovery reforms put defense attorneys on equal footing open discovery make
on equal footing open discovery make
on equal footing open discovery make sure defense attorneys have all the
sure defense attorneys have all the
sure defense attorneys have all the information about the case during this
information about the case during this
information about the case during this period of one-time plea offer so they
period of one-time plea offer so they
period of one-time plea offer so they can effectively advise and advocate on
can effectively advise and advocate on
can effectively advise and advocate on behalf of their clients now why should
behalf of their clients now why should
behalf of their clients now why should we care
we care
we care we’ll take criminal
we’ll take criminal
we’ll take criminal convictions have a profound impact on
convictions have a profound impact on
convictions have a profound impact on someone’s life in a way they can’t
someone’s life in a way they can’t
someone’s life in a way they can’t imagine at the time they’re making that
imagine at the time they’re making that
imagine at the time they’re making that desperate plea that desperate decision
desperate plea that desperate decision
desperate plea that desperate decision to get out convictions can affect your
to get out convictions can affect your
to get out convictions can affect your immigration status it can affect your
immigration status it can affect your
immigration status it can affect your your ability to get student loans
your ability to get student loans
your ability to get student loans mr. Taylor for example that hidden
mr. Taylor for example that hidden
mr. Taylor for example that hidden pleading guilty made him ineligible for
pleading guilty made him ineligible for
pleading guilty made him ineligible for a lot of student loans custody of your
a lot of student loans custody of your
a lot of student loans custody of your kids it also has an impact on our
kids it also has an impact on our
kids it also has an impact on our society know we may feel safe when
society know we may feel safe when
society know we may feel safe when people are resin plead guilty but if
people are resin plead guilty but if
people are resin plead guilty but if innocent people are doing it we’re no
innocent people are doing it we’re no
innocent people are doing it we’re no safer because people actually commit the
safer because people actually commit the
safer because people actually commit the crime are out and we must have
crime are out and we must have
crime are out and we must have confidence and the integrity and a
confidence and the integrity and a
confidence and the integrity and a fairness of our system and if innocent
fairness of our system and if innocent
fairness of our system and if innocent people are pleading guilty then that
people are pleading guilty then that
people are pleading guilty then that caused in to the fairness of our system
caused in to the fairness of our system
caused in to the fairness of our system now fortunately there has been dialog
now fortunately there has been dialog
now fortunately there has been dialog and movement to making criminal justice
and movement to making criminal justice
and movement to making criminal justice reform I’ll plug my organization the
reform I’ll plug my organization the
reform I’ll plug my organization the Innocence Project we have a guilty plea
Innocence Project we have a guilty plea
Innocence Project we have a guilty plea program that we’ve rolled out for about
program that we’ve rolled out for about
program that we’ve rolled out for about a year now and lawmakers are trying to
a year now and lawmakers are trying to
a year now and lawmakers are trying to see actually recognize the problem with
see actually recognize the problem with
see actually recognize the problem with bail that it disproportionately affects
bail that it disproportionately affects
bail that it disproportionately affects poor people and people of color and
poor people and people of color and
poor people and people of color and efforts have been made nationwide to
efforts have been made nationwide to
efforts have been made nationwide to reform that one of the few things that
reform that one of the few things that
reform that one of the few things that Republicans and Democrats can seem to
Republicans and Democrats can seem to
Republicans and Democrats can seem to agree on these days is reducing the
agree on these days is reducing the
agree on these days is reducing the prison population and mass incarceration
prison population and mass incarceration
prison population and mass incarceration which has resulted from these tough on
which has resulted from these tough on
which has resulted from these tough on crime these tough on crime motivations
crime these tough on crime motivations
crime these tough on crime motivations that have been in place for decades and
that have been in place for decades and
that have been in place for decades and I agree with the idea that a nation’s
I agree with the idea that a nation’s
I agree with the idea that a nation’s greatness is judged by how it treats its
greatness is judged by how it treats its
greatness is judged by how it treats its most vulnerable and people in the
most vulnerable and people in the
most vulnerable and people in the wrapped in the criminal justice system
wrapped in the criminal justice system
wrapped in the criminal justice system are the most vulnerable if we want to be
are the most vulnerable if we want to be
are the most vulnerable if we want to be great and live up to the idea that
great and live up to the idea that
great and live up to the idea that innocent people are truly are innocent
innocent people are truly are innocent
innocent people are truly are innocent till proven guilty then we need to
till proven guilty then we need to
till proven guilty then we need to examine how our administering justice in
examine how our administering justice in
examine how our administering justice in this country thank you
this country thank you
this country thank you [Music]
[Applause]
[Applause] [Music]
”
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