Law and justice: November 2, 2014

 Why Innocent People Plead Guilty by Jed S. Rakoff for The New York Review of Books.

The Sixth Amendment to the U.S. Constitution states that “in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury … .”   Yet few Americans charged with crimes ever go before a jury, and the U.S. criminal justice system would likely break down if they did.

The prosecutor threatens the defendant with the severest charge with the worst punishment if they insist on trial, and promise a less serious charge and lighter sentence if they plead guilty.

Innocent people sometimes do plead guilty.  About 10 percent of those exonerated of charges of rape and murder under the Innocence Project had accepted plea bargains and pleaded guilty.

Former CIA Analyst Ray McGovern Arrested While Trying to Attend David Petraeus Event in New York by Kevin Gosztola for Firedoglake.   (Hat tip to Mike Connelly)

Ray McGovern, a former CIA analyst and current CIA critic, was arrested and roughed up Thursday when he tried to attend a talk by David Petareus, fomer CIA director, with Lt. Col. John Nagi, a tank commander during the 1991 Gulf War, and Max Boot, a neoconservativ writer.  McGovern had bought a ticket to the event for $45.

Interestingly, the police recognized the 74-year-old McGovern and his peace activist friends by sight.  The friends also were barred despite having bought tickets.  No doubt this is the result of McGovern being on the State Department’s BOLO (be on the lookout) list.

The IRS Can Seize Your Cash Through Forfeiture by Erin Fuchs for Business Insider.  (Hat tip to tiffany267)

The Fifth Amendment to the U.S. Constitution states that “no person shall … be deprived of life, liberty or property without due process of law.”

But the Internal Revenue Service can seize your bank account without any warning if IRS officers think you have too many bank accounts under $10,000 and they suspect you are trying to evade a bank regulation regarding reporting of all bank accounts of $10,000 or more.

Gideon’s Army at Guantanamo by Phil Hirschkorn for Just Security.

Lawyers fight secrecy and eavesdropping to give accused terrorists at Guantanamo Bay a fair defense.  They say they’re concerned not just about the judgment of the military tribunal, but about the judgment of history.

Q&A: Edward Snowden in The Nation.

Q&A: Laura Poitras in The Nation.

Tags: Central Intelligence Agency, CIA, Constitution, criminal justice system, David Petareus, Edward Snowden, Guantanamo, Laura Poitras, Ray McGovern