Noah is wracked with anxiety. He cannot stop shivering. 2 years, this has dragged on, and it all comes down to this. It feels unfair, but his lawyer told him this was a good deal. He already signed the papers, now it’s just a matter of waiting for the judge to add his signature. A year in prison. That seems like a long time, when he knows he didn’t do what they say he did. How can he be going to prison? That’s where bad people, criminals go. He isn’t a criminal, is he? Is he??
The lawyer is hungry. He should have grabbed lunch on his way to the courthouse, but he was already running late. This would be a quick appearance, he can get lunch in 20 minutes, half an hour tops. He can wait that long. He steps off the elevator on the 4th floor. He feels bad for the kid he is representing this time. It’s a raw deal. He has more than enough experience to make sure the kid never knows that he thinks that. This kid can’t afford to pay for a trial. He could almost definitely win, but trials are a lot of work, and cost money. No, better this way. He got the kid the best deal the kid could afford. At least he did that much. That Public Defender. Can you believe that that Public Defender was advising this kid to plea out for 5 years, and two felonies? For what, being in the wrong place at the wrong time? The elevator dings as the doors open. It’s time to go coach this kid through the last bit of this, then he can go get lunch. He is in the mood for steak. Or maybe a burger. He is also ready to move on to cases for people who can actually afford to mount a real defense. He briefly muses about how few of those there seem to be lately, and wonders if the DA is being extra selective in the cases he chooses to pursue. But no, everyone knows low income neighbourhoods breed criminals, that’s why so many of the defendants were dirt poor. And really, this kid was wearing an apron for a dinky little coffee shop when he was arrested. Everyone knows all those “baristas” smoke weed. Is it so hard to believe this kid was using other stuff? Not that he could blame the “baristas”. If that was all the future he had had at that age? He probably would have too.
Two years earlier:
The Police Chief was tired. He was busy, and his friend the DA was pressuring him so hard for winnable cases. “I’m campaigning on ‘Tough on ALL crime'” the DA had said the other night when they were out for drinks together. I don’t care if they aren’t big, just bring me some cases I can win. Surely your cops know some neighbourhoods that they can patrol a little more frequently, where they can turn up some good defendants.” He didn’t want to let the DA down, but this thing of always looking for the people that he could get in trouble took a toll on him over time. But, he definitely did not want to risk not being invited to BBQs with the DA, and the Mayor. So, he had signed off on 3 of his patrolmen driving unmarked cars, instead of their normal cruisers, and assigned them to the low income residential areas. Everyone said there were drug deals happening in there, maybe in unmarked cars, his cops would see them. So it was no surprise when less than a week later an officer brought in a kid for a possessions charge. It turned out the kid didn’t have anything on him, or in his system, but the cop swore he saw the kid throw something, and they had found a baggie there. There wasn’t enough residue to get a good test, but he guessed that didn’t matter much. The DA would never have to prove this one in court, the kid would definitely plead out sooner than later.
The cop was ecstatic. His first collar! He was tired of working patrol, he wanted to jump to detective. Maybe this collar would be his break. He just hoped they would buy his story of why his dashcam didn’t catch the throw he was claiming he saw the kid do. He knew it probably wasn’t “right”, but he wanted to fit in at the precinct so badly, and the Chief had just said the other day that we needed more arrests. And anyway, even if the kid didn’t do this, he clearly wasn’t someone the cop would ever want his daughter to hang out with, so it was better for everyone if this kid went to jail for awhile. Anyway, everyone said this was how you move up to detective.
Back in the Courtroom:
The DA is bored. This next case, this one was too easy. He was actually glad that the Private attorney stepped in; it made it at least a little bit challenging. This kid had no idea, and the public defender he had been assigned? That public defender may as well work for the prosecutors office, with how easily he had rolled over. The DA almost got a huge win. If only that private attorney hadn’t stepped in at the 11th hour, this kid would be going away for a lot longer. Oh well, a conviction is a conviction. How long they are in prison doesn’t really matter, that is just a tool to help make the plea out, so he doesn’t have to prove anything in court. It’s a good thing he leaned on this kid so hard, because that private attorney did a pretty good job. He got a lot of the stuff the DA was using for leverage thrown out. The DA always knew that was a possibility. Evidence isn’t about proving someTHING, it’s about scaring someONE. And the evidence he pretended to have this time did the job swimmingly. There is no chance the judge will throw out this deal. He glances over at his intern. He decided to let them tag along on this, since they are the one who reviewed this case first, almost 2 years ago now. He smiles. That intern has come so far.
The intern is excited. Her first conviction! Well, not “hers”, exactly. But the first case that she recommended to the DA, that lead to a conviction. She almost didn’t. The kid is only a a year older than her, and this case wasn’t terribly strong. He really might not have had anything to do with this, just happened to be nearby. But when she looked over his background check, she remembered what the ADA told her the day she started: “The police bring us the cases. We decide if we can win them. The police wouldn’t bring them to us if the person didn’t do something.” That had bothered her, at first. She thought they were supposed to be the ones who decided if someone did something worth prosecting. Pursuit of justice and all that. But over time she had realized, her job was to help the DA maintain his conviction rate. If she wanted to move up, and she definitely did, then this was how the system worked. Besides, the police are out there every day, they probably see all kinds of stuff they can’t fix, so if they brought the case to the DA’s office, it’s because they had a good reason. So, after she looked at the background check, and saw that there was almost no way this kid could afford private representation, she had marked the case “highly winnable” and put it on her mentor’s desk. She had never expected the DA to take this case personally, but then again, elections were coming up, and the DA wanted to campaign on “Tough on ALL crime”, so he had to take some low profile cases if he wanted that to ring true. And here she was, about to witness her first case that went to conviction. Besides, since the DA took this case himself, she got to work side by side with him. He knew her name. He had told her that he never learned the interns’ names, because most of them couldn’t cut it as prosecutors.
“All rise” the bailiff gravely announces.
“Sit down, sit down” the Judge said. “Let’s get through this. Who’s up first?”
“Commonwealth V Noah Tresidder” says the DA. “The Commonwealth has reached a plea agreement, the defendant is present and represented by counsel.”
“Terms of the agreement?” asked the Judge.
“1 year incarceration, 2 years house arrest, and the balance of 6 years served on probation” says the DA.
“Mr Tresidder,” says the Judge. “You understand that you are pleading guilty to these charges?. You understand what the Prosecution would have to prove to convict you of these charges, if you were to go to trial? You understand that by pleading guilty to these charges, you are admitting under oath that you did this, and you are waiving your right to a trial by jury, as well as your right to appeal?”
Noah looks at his lawyer, one last time. This is it. He is about to lie, under oath, and say that he did something that he never did, in order to avoid a much harsher sentence for something that he never did. Everything in him is fighting. This is WRONG, THIS IS WRONG. His lawyer nods at him encouragingly. “Yes, your Honour.”
Bang. The gavel strikes. “I hereby sentence you to 1 year incarceration in the country jail, followed by 2 years of house arrest, and the remainder of a 6 year sentence served on probation. I hereby order you to turn yourself in to the county jail no later than 2 pm on Friday, the 22nd. That gives you 3 days to set anything in order that is necessary for you to handle, prior to beginning your sentence. Do you understand?”
Noah glances around the courtroom. The gallery benches are full, people are whispering to each other. Surely someone, anyone, can see how wrong this is. He can feel the panic rising, and looks more desperately. No one is looking at him. No one is paying attention. How could walking home from his job at the coffee shop have lead to this? And he realizes. He doesn’t matter. No one cares. They are all here for their own reasons, none of them are here for him. None of them care about the injustice, they just don’t want to experience it.
He turns, faces forward again, his shoulders sagging. The judge glances up from the papers on his bench, and Noah realizes that even the Judge has already moved on. He tries to speak, but his voice cracks. He clears his throat.
“Yes, your honour”.
Wordsmithing
Although possessed with a powerful predilection of a preternatural propensity to perseverate in prognostication pointlessly past the point of propriety, the probability of perfection in prediction proves the possession of paramount perspicacity into post-present periods, presumptuously positing practically perfect projection of prospects prior to perception by proletariat at present.
A random metaphor
“A rising tide lifts all ships” sounds like an awesome proverb, promising better days ahead…
Until you remember that your ship is full of holes, and is sitting on the bottom of the bay, and the only reason you have not yet drowned is because you climbed all the way to the top of the mast, and then tied yourself there so you could sleep without falling off, and now the rising tide would mean that you have wet shoes, except that you don’t have shoes, so it actually just means that your toes are freezing, and you’re going to drown.
Edit: I don’t know that there is any actual point to this metaphor. Sometimes things get stuck in my brain, and won’t go away until I share them
