SWEET • chanbeak ✔️

1.1

The first thing Chanyeol made him do was file an appeal, the second thing they did was go over the evidence and trial, step by step, minute by minute, with Chanyeol pointing out all the flaws in the State case against him and all the things his defense attorney had so easily overlooked could have saved him. 

He didn't even have to point them out.  With all the jurisprudence the boy had read at this point, the mistakes were perfectly obvious to Baekhyun. 

After only an hour, Baekhyun threw up his hands in frustration and pushed his chair back from the desk.  -A primary school student could have defended my case and won.  I could have done better.  How could he have lost all this?  How?  I trusted her!  That fat, lazy, good-for-nothing...

Chanyeol cut him off, calm and cool as always.  -Did you know that the standards of national regulations establish that serious crime cases should be limited to 150 per year per lawyer, so that they have enough time to properly investigate and defend each case?  The boy looked at him confused.  -No?  -Would you like to know how many cases your public defender probably had this year?  Baekhyun shrugged, not caring much, though Chanyeol obviously expected him to.

-An investigation found advocates in this county with a total of more than 1,600 cases annually.  It is completely unmanageable.  Public defenders don't have time to do the most basic tasks, including talking to their clients or doing any kind of research.  They barely have time to read the file before appearing in court.  They spend less than an hour per case on average.  Most defendants receive nothing more than a few minutes of their attorney's time and a compelling guilty plea.  But they are not bad people Luhan, I guarantee that there is no lawyer who becomes a public defender without the best of intentions.  -Then, why don't they reject the cases for which they don't have time?

-The contracts they sign with the states do not leave them.  The only option they have to reduce their case load is to stop signing altogether.  States can basically rack up everything they want on defense attorneys regardless of the outcome. 

Baekhyun sat back down, the anger against his defender completely gone.  -But, 1998, Choi Siwon, the right to a lawyer, that is a basic right in this country.  -No Baekhyun, that is the little secret of our criminal justice system;  how many people accused of a crime in this country get no lawyer, no advice, and no representation at all.  In a single county in 2002, there were more than 12,000 guilty pleas filed by people who never spoke to a lawyer.

"I don't understand," he shook her head.  He really, really didn't.  Chanyeol's sharp eyes focused on him.  -Yes, you do.  It all comes back to money. Baekhyun it always does.  Most serious crimes are committed by the destitute, people too poor to pay for lawyers.  They are pressured to accept agreements and bargains without lawyers, threatened with serious consequences if they do not immediately plead guilty and renounce their right to a trial.  For example, let's say a defendant is considering 10 years if convicted of a crime, but will receive a 3-year offer if he skips the trial and pleads guilty.  As a result, 95% of the accused immediately plead guilty. 

Those who do not do so are punished.  We have 500,000 pre-trial detainees sitting in jail year after year before being convicted of any crime.  Sometimes those who endure often sit in jail longer just waiting for a trial than their sentences would have even been.

-So long to be innocent until guilt is proven huh?  Baekhyun said, shaking his head in disbelief, "And then, even if you do get a lawyer, they are so ridiculously underpaid and overworked that you may very well not actually have one."  Like what happened to me.

-It is true.  Most public defenders live off paycheck, Baekhyun, doing nothing more than the people they defend.  Their payment rates have dropped as their number of cases has exploded.  South Korea spends less on public defense as a percentage per capita than any European nation. 

Most state governments spend three times more on prosecution than public defense, for that it is not surprising that the prison population is exploiting. 

However, despite skimping on that, they seem to have no problem building more prisons.  Both in gross numbers and as a percentage of the population, South Korea has the largest total prison population of any nation on earth.  I in 100 Koreans are in prison as we speak.  No other country has imprisoned much of its population. 

Chanyeol crossed his arms and leaned back.  -The link between the abysmal state of public defense and the growing prison population is not coincidental. 

Baekhyun still didn't understand.  -But that's not fair!  If there are bigger budgets and more lawyers are being paid to process than to defend and get more time to investigate your cases, so that literally means every case is stacked against the accused!

-Very well, Baekhyun.  His mind puzzled.  -It's like they WANT more people in jail. With the way the system is structured and the insane harsh minimum sentence requirements for non-violent drug offenders, that's the only logical conclusion, yes.  -But why?  "What did I tell you that Baekhyun always comes back to?"

-Money?  But don't the taxpayers win ... and neither does the government?  Having more people in the prison system only loads them.  So who benefits from it?  Chanyeol pointed his pencil at Baekhyun.

-Now that, boy, is the right question.  Baekhyun sat in his chair and thought for a second.  It sounded crazy, like a ridiculous conspiracy theory, and yet all the simple facts pointed to the same inevitable conclusion.  Chanyeol continued.  -So, with public defenders who have been practically disabled by the system, you have two options when you are accused of a crime;  defend yourself or hire a private attorney.

The young man swallowed the idea of ​​going before a judge representing himself.  The idea was terrifying.  Chanyeol leaned across the table towards him, capturing his gaze.  "If I had more time, Baekhyun, I would have made you represent yourself."  I know you can do it, and I think without a doubt you would win.  But, since I won't be here to help you, my personal attorney, Mr. Kim, will handle your appeal for you.  Everything vanished, down to the white noise, when Baekhyun's brain stopped processing.

-He can win this blindfolded.  It will be child's play for him and he will not be satisfied with anything less than the complete exoneration.  He is excellent, the best in the business;  a former prosecutor who became a private defender...

-STOP!  The boy cried desperately, his hands over his ears.  Chanyeol stopped talking and Baekhyun took a deep breath to calm down.  He felt sweat on his forehead, palms clammy but cold.  -Only for.  What do you mean you won't be here to help me?  What do you mean? 

The tone of his voice shot up until it broke and Chanyeol, instead of answering, stood up and knelt in front of him.  He took both of Baekhyun's hands in one of his. 

The other came over to sweep the blond locks from Baekhyun 's forehead and caress her cheek.  There was only compassion and love in his eyes as he spoke.

-Child, my sentence is over.  I will be free in a week.

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MERRY CHRISTMAS EVERYONE
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