Tuesday, June 5, 2012

Denver criminal defense lawyer / database driven?

A huge decision that I have to help my client make as a Denver criminal defense lawyer is whether to accept a guilty plea. Sure there is plenty of negotiating and back and forth that goes on beforehand. But after all is said and done, the call has to be made whether to go to trial or plead guilty. And trial involves a ton of risks and unknown variables. The biggest issue here is a lot of this comes down to gut and intuition.

In the world of civil litigation, law firms are putting a ton of effort into creating databases that help them make optimal decisions. These systems analyze "settlement patterns and trial success rates" to help determine whether a client should or shouldn't accept a proposed settlement. Of course there are probably variables that a database can't take into account, but having that much information at your fingertips is incredibly useful.

Unfortunately, there is no similar analog for criminal law. Part of this is simply a money issue. Criminal defense lawyers don't charge as much as civil litigators on either the plaintiff or defense side, because there isn't a ton of money at stake in their litigation. The stakes are much higher in a different way, but not the kind of way that makes it make sense to spend hundreds of thousands of dollars on databases.

Another issue is that clients have different priorities. While civil litigants basically have the same priorities (money, especially on the defense side), some criminal defendants want to keep something off their record, others are most interested in reducing jail time, etc.

Finally in criminal law, most litigation and most decisions are made at the county level. In a civil case, it is probably in federal court, which is much more uniform at least across the federal district (state). For criminal law, each county has different judges who might decide things vastly differently, and different prosecutors who offer different sorts of pleas. So perhaps it is not feasible to make plea decisions based on databases for criminal defense attorneys.

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