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Comment by ianferrel | Hacker News Reader

Lawyers don't accept plea deals. Clients accept plea deals.

Lawyers are required by professional ethics (and possibly by law in some places) to present plea deals to their clients. Having it be otherwise would be problematic.

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Also judges must approve of a plea deal. I wonder if judges even know the likelihood of a given defendant accepting a plea deal even though they are innocent?

Judges get final authority to approve plea deals. Most of the time they do but it is not automatic.

This is a nitpick. in 99% of cases the lawyer is going to present the deal and then state an opinion on what might be a good course of action.

It's not a nitpick. Yes lawyers state opinions, but they are ethically bound to serve their client's interest, not to use their client as a pawn in an attempt to overhaul the justice system.

It could be a legitimate strategy depending on the circumstances, and depending if they can get other public defenders to tag-along.

And in 99% of cases the client is gonna make their own decision bec if the lawyer tried to coerce them in any way they can lose their license.

True.

However, in practice, most defendants take the advice of their lawyers. If public defenders advised not to take a deal, they probably wouldn't take them.

This is definitely the weak point of this plan, I admit.

The problem is that the existing system is in a stable equilibrium. A lawyer generally can't advise most clients to not take a plea deal because not taking the plea deal will have a worse outcome for that client.

It's literally the prisoner's dilemma. You have to have all the lawyers and all the clients act in concert. But if someone defects, they get the plea deal (better than getting stuck in jail and going to trial) and the others get screwed.

It is tricky for sure. It's a fantasy, I admit.

I would truly like to see prosecutors have to take all cases to trial.

The flagrant disregard for prosecutorial ethics is just appalling.

They can also give advice as to whether or not accepting the plea deal is in the client’s best interests. That mechanism seems like it would be nearly equally effective, especially in today’s “one strange trick” society.

Your comment reeks of the same virulent narcissism that plagues humanity (thank you modern advertisement). Much like those incarcerated (clients) who rely on asymmetrical information (plea deals, lawyers), you've been groomed to unconsciously defend yet another human trafficking pipeline/system.

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