‘The Honorable, And The Slightly Less Honorable’

From public defender blogger Blonde Justice:

One judge that I actually like has a tendency to play “on the record, off the record,” usually while trying to persuade a defendant to plead guilty. He’ll say, “Now, Mr. Smith. You don’t have to plead guilty. You have the right to a trial.

Off the record: I can’t possibly tell you whether you would win or lose at trial. But I can tell you that juries believe the police, and there’s no reason a police officer would lie to say that you were selling drugs when you really weren’t.

Back on the record: At that trial you would have the right to remain silent or the right to testify in your own defense.

Off the record: But, really, that would be a stupid idea, because you have a criminal record a mile long. And if you testified, I would make sure the jury heard all about it, even this attempted murder back in ‘75. Oh, is that just an assault? Oh well, just a technicality. Anyway…

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