Comment Re: Directionally Right, Specifically Wrong. (Score 1) 160
It didn't happen with a Flock camera millions of times.
But overwhelmingly (in the millions, right now, as a daily fact of life in pretty much every metropolitan district court), DAs clear cases via plea deal.
Only a very tiny percentage of indictments or arrests ever go to trial in front of a jury.
Only a very tiny percentage of indictments or arrests ever have their evidence examined in a courtroom.
Instead, DAs use the indictment/arrest/imprisonment as powerful leverage. For most of the accused, it is most rational to take a plea deal - regardless of innocence and even regardless of whether they might win at trial - rather than spend tens of thousands of dollars, deal with lost wages, lost jobs, and all the other things I listed previously, in the 1-3 years it will take for a jury trial.
The government has the benefit of overwhelming physical force, overwhelming bureaucratic force, and infinite deficit-spending funds. To paraphrase the quote about irrational exuberance in finance markets -- the DA can stay doggedly incorrect about your prosecution longer than you can stay solvent.
The statistical fact is, we have no idea - and never will have any idea - how many convicted people would have been found not guilty if they had been able to afford a trial. We do not in fact know what "normal" is with regard to people prosecuted incorrectly or unjustly. The choice architecture and pressure gradients of the system make such measurement impossible; the data is permanently lost the instant the plea deal is signed. And that happens in the millions of times.