On Jul 20, 10:39*am, FatterDumber& Happier Moe
wrote:

* Good for walmart, and it illustrates just how unfair the system it.
95% of the parties charged have to plea guilty because they can't afford
a decent attorney. *If they dare go to trial and lose the book is thrown
at them for not pleading out. *It makes for a very unfair system that is
supposed to be based on presumption of innocence until found guilty.


What on earth are you blabbering on about ?

"Guilty" is only a plea entered in a Criminal Court when brought up
on a criminal charge...

Walmart is going after OHSA on some of the finer points of
"administrative law"... Taking the agency to court for such
interpretations is the only recourse after you have exhausted
discussing the matter with those higher up in the food chain of
the agency than the individual who has meted out the fine or
citation...

As far as the justice system being unfair ? It sounds like you
really don't know enough about it to make that determination...

When you are charged with a crime that will result in a loss of
freedom (a.k.a. you are placed in "jeopardy") you are automatically
appointed a lawyer free of charge if you can not afford to hire one
on your own...

If more people were aware of their 5th amendment rights and
actually made use of them by remaining silent when they are
placed under arrest and strongly demanding an attorney, most
of the people you say are being unfairly dealt with by the
system would have more of an opportunity to have a better
outcome...

As far as going to trial, only 10% of criminal cases ever make
it to a trial because most people are willing to go for the sure
thing and they make a deal if they can get one... Many cases
are dropped because of reluctant witnesses or evidence that
gets contaminated or misplaced... As to your "you get the
book thrown at you if you dare to go to trial and lose" rant,
that has NOTHING to do with the fact you went to trial...
That has everything to do with various nut-job anti-crime
zealots out there who demand "mandatory minimum
sentences" for every crime under the sun -- taking the power
of the trial judge away and forcing them to impose the
mandated sentence upon the defendant when they are
found guilty...

You are innocent until proven guilty in the American
criminal justice system, most people screw themselves
over by trying to talk their way out of it with the police,
seemingly unaware that everything they say in an
interview room with the police is recorded... It might
not end up being used against you as direct evidence
at a trial but it is usually more than enough to prevent
your lawyer from putting you on the stand to tell your
side of the story as then the things you said to the
police during the interview can be used to impeach
what you are testifying about and make you look even
worse than you are... In order to be punished you
need to be found guilty "beyond a reasonable doubt"
by a jury of 12 of your fellow citizens or a judge if
you give up your right to a jury and opt for a bench
trial...

~~ Evan