What Recourse?

It is a question I have mauled over in my mind a few times. What happens when a person is charged with a crime and he has to mortgage the house and the wife’s wedding to pay for the defense. Then after it is over, the jury says “Not guilty,” what recourse has the man got.

He’s still left with the mortgage and, of course, he likely no longer has a job. The district attorney might send you a nice impressive apology letter, I don’t know. Just maybe it can be used to apply for another job.

So, people, like President Trump can afford the costs of lawyers. If one of those runaway district attorneys came after me, I’d have to rely on one of those lawyers provided by the state. Then, of course, if that’s not enough, then that won’t be enough.

There is a lot of power in the hands of a DA. He can break a man, though he be innocent. He can walk in and say, “Sign on the dotted line or get yourself a good lawyer; cause this is going to cost you a bundle.”

In theory, that is the purpose of the grand jury but you and I know, that rarely works. Pre-trials can help a little, but even that requires a lawyer.

Perhaps, if they come and knock on my door and tell me I’m under arrest for something I didn’t do, I’d just plead not guilty and sit there and wait for them to prove that I am. That way, I may end up in prison, but at least they won’t make me spend my last dime on the impossible.

Actually, that’s not the point. The state pays the bills for the DA. When he loses a case, he’s not out a dollar. He doesn’t lose his house and boat. He shrugs his shoulders, smiles and says, sorry. I really thought you were guilty.

I don’t know the answer to that. Like I’ve said, I have mauled it over for a while now. Maybe we need a third option for a jury. If the person charged proves his innocence, then the jury ought to come up with a decision of innocent. If that happens, the state must pay all the lawyer bills, plus 10% for the inconvenience.

Moreover, if a man can go back out into society proved innocent, he just might be able to get another job.

I’m open to suggestions. It is the best idea I have. However, we really do need to make these DAs be a bit more careful the way they throw their power around.

Please don’t get me wrong. Most DAs bend over backward in an effort to keep from putting the wrong guy in prison. It’s kind of like what I heard all the way through high school. It’s always the 10% that ruins for all the others.

Leave a comment