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Defense counsel also recognizes that, even if she thinks the plea bargain being offered is unfair compared to those offered by other, similarly situated prosecutors, she has little or no recourse. An appeal to the prosecutor’s superior will rarely succeed, since the superiors feel the need to support their troops and since, once again, the prosecutor can shape the facts so as to make his superior find his proposed plea acceptable. And there is no way defense counsel can appeal to a neutral third party, the judge, since in all but a few jurisdictions, the judiciary is precluded from participating in plea bargain negotiations. In a word, she and her client are stuck.
National debates about policing are fueling class tensions today in precisely the same way they did in the 1970s , when college kids derided policemen as “pigs.” This is a recipe for class conflict. Being in the police is one of the few good jobs open to Americans without a college education. Police get solid wages, great benefits, and a respected place in their communities. For elites to write them off as racists is a telling example of how, although race- and sex-based insults are no longer acceptable in polite society, class-based insults still are.