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Comment by ggreer | Hacker News Reader

The author of this article is a public defender in the pacific northwest. He sometimes writes for Jesse Singal, but he also has his own substack.[1] Many of his posts provide a unique window into the criminal justice system. If that sounds interesting to you, I strongly recommend reading more of his writing. In my opinion, his greatest hits are Eleven Magic Words[2] and Death of a Client[3].

1. https://ymeskhout.substack.com/

2. https://ymeskhout.substack.com/p/eleven-magic-words-unlocked

3. https://ymeskhout.substack.com/p/death-of-a-client

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I just read "Eleven Magic Words" and I'm entirely baffled.

Also what a writer, wow.

"It's the functional equivalent of an attorney's XP level", I laughed embarrassingly loud.

Thank you and grandparent for recommendations.

Yes very well written and reminds us all that in the end we're humans, and once in a while things can go right if only for us asking why they aren't.

I don't get it.

The lawyer asked "“Is there anything the court would like to review to reconsider?” and the judge said, oh, well "since you have asked if I want to, yeah I guess I do, so I'll just change my ruling for no reason?"

I don't think the author gets it, either. I think that's the point. A small miracle happened.

yes

"I implore you to reconsider"

https://www.youtube.com/watch?v=Fvu5Ephsqyk

lmao I never saw this before and it's TOO perfect

Exactly that. I had to read it twice too. The way I read it is there were so many hearings so quickly in a row that the judge was in some sort of blur. Case, bam, verdict. Case, bam, verdict. One every 10 minutes. And in that situation, just from being asked to think it over a few more seconds, she saw that maybe she had it wrong and changed her mind.

My reading was that the judge had thirty seconds to regard the grieving family and changed her mind and asking her to reconsider gave her an easy opportunity to change the sentence.

That article was posted by the original author on Reddit and one of the commentators came up with a plausible explanation (which convinced the author).

In one sentence the idea is that because public defenders know that the overwhelming majority of their clients belong in jail, and the judge knows that public defenders know that too, if a public defender makes an extra plea to the judge that's a signal that the public defender knows something that means this client really shouldn't be in jail and therefore changes the judge's opinion of the client.

https://old.reddit.com/r/TheMotte/comments/w5jyyd/eleven_mag...

But why wouldn't the PD just say why the defendant doesn't belong in jail?

It's possible that the judge already was considering changing their ruling (or was "on the fence" about it), but the question gave them a way to explain it (rather than saying "I changed my mind").

Eh, if he were a great writer, I'd understand the point of the story, specifically what was so powerful about the eleven-word incantation. Which I don't. I would like my 3 minutes back, Your Honor.

Apparently I'd have to be an attorney to get it, in which case I'd have presumably learned about this obscure legal hack in law school.

You read all of that in 3 minutes?

Altogether, it took more like seven or eight minutes, but because it was decently-written and had some legitimate educational and entertainment value, I'll settle for a partial refund.

> I'd understand the point of the story, specifically what was so powerful about the eleven-word incantation

That's the point, there was nothing remarkable about the eleven words. Goes to show you how arbitrary the system can be.

Thanks for the recommendation!

From Eleven Magic Words Unlocked:

>Recall how plea deals are structured, and how the entire purpose of a suspended jail sentence is to dangle the anvil over someone’s head to “encourage” them to do the things they’re supposed to do.

I was in a relationship with a police officer for a while, and this is what she said about probation: "Fuck that, send me to fuckin jail." And she reiterated it a couple of different ways to make it perfectly clear she wasn't joking.

A lot of people who haven't experienced it think probation is "being let off easy". It's not. You have to show up for check-ins, and excuses aren't tolerated. You have to pay for this punishment out of your own pocket too. And any other things the court applies to you too. And if you fuck up, and fail to show, you go to jail. If your car breaks down on the way, you go to jail. Your pregnant wife gives birth on the way and you reroute to the hospital, you go to jail. It's basically setting you up to go to jail, but rather just having the threat of it hanging over your head. At least in jail it's hard to fuck up and you're not responsible for anything while there. Probation is putting you in charge of your own punishment and making you literally pay for it too.

To hear an actual, currently employed police officer say they'd prefer jail to probation is a far weightier than it first seems statement. A police officer, in jail. With inmates who'll probably find out that they're a cop and take out their understandable if not justified frustrations on them.

Would rather go to jail than face probation.

Remember this the next time someone says "they just got probation", I'll never forget it. It's a very stressful, and expensive anvil they've got over your head, and it might fall on you for things completely out of your control. You're not "free", you're not "out", you're sitting under a very real sword of Damocles.

Very true! I've had many clients opt for jail. The benefit of jail is that it's at least definite. The pervasive uncertainty in probation amplifies the stress factor, especially since sanctions can come out of nowhere and wreck your life.

Thank you for your stories on substack, I think I lost an afternoon of crap weather.

Only upon reading your comment did I realise that the Substack article I just read was not written by Jesse Singal.

I regularly read Singal-Minded and it still took me until "I am a lawyer" before I scrolled back up and checked the author name.

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