Apple Jack said:
Nice lingo.
So far I'm enjoying this show and, while I'm about to criticize it, I do appreciate the film-making and the attempts to be somewhat "realistic." Additionally, there really aren't any grossly errant scenes like many of the courtroom scenes in, say, Law and Order: SVU. However, I'd make the following clarifications and observations:
1. I don't hold myself out to be an "expert" on jails/corrections, but I have taught a college course on them and have probably been around 20 (some federal and in other states but mostly around AZ - including all of Sheriff Joe's) of them to the extent that we see Stone milling about and I've had enough clients charged with serious enough crimes and similar issues to Naz that I think I can speak pretty accurately on them. I will admit that different jails have different polices and the open-floor cots, while I don't see them very often in my well-funded corrections state, concede that there are probably pods with them in other jails -- especially big ones like Rikers. Speaking of Rikers, technically Rikers is not a "prison" - it's a "jail". The difference is that prison house
convicted felons sentence to the departments of corrections for periods of time usually longer than one year. So, my first gripe is that the guy "in" for trying to kill his niece's killer (and instead killing an innocent person because he missed - but the punishment is the same because of "transferred intent") would very very likely not be housed in Rikers because he's been convicted of a felony. Second, while Naz's main charge is homicide and he's got no violent priors, no gang affiliation, or past history of assaults on guards/officers (usually the three main factors in classification), I find it doubtful that he wouldn't be housed in a much more secured area and would probably be on lockdown. After all, his crime is incredibly violent, is sexual in nature, and he's Muslim. I just don't see a correctional facility housing him in a general population type pod. I have no doubt that in my jurisdiction he'd either be housed in the pod with others with sex crimes or that he'd be housed in the most highly secured area. Of course, this wouldn't be nearly as interesting. Third, I do find it pretty realistic that he'd be assaulted while in, but, generally, those assaults are most likely to occur during transportation to and from court - because, logically, most of the defendants charged with Naz's types of crimes are housed separately.
2. Both Crowe and Stone both likely committed ethical violations by improperly soliciting Naz. Generally, a lawyer cannot directly solicit - even if he's offering free services. Now, in Stone's case, all that could entail is Naz saying something like, "hey, are you a lawyer?" as Stone trundles through the holding area and then a conversation ensues. But Stone likely committed an ethical violation by just simply inserting himself as Naz's defense attorney. Similarly, Crowe just simply cannot contact the family of a person - especially one already represented - even if she just wants to offer her services pro bono.
3. Similarly, the characterizations of both defense attorneys are pretty hyperbolic and, especially with Crowe, pretty annoying. Starting with the latter, Crowe's unnecessary jab at Stone (attorneys have a duty of professionalism and there's probably no way some attorney would just blast another attorney like that), her willingness to take this case pro bono (seriously, TV, stop making it seem like high profile attorneys take high dollar cases pro bono all the ####### time), and just general overall ####tiness (she'd have met with Naz much more prior to that change of plea to go over the allocution) just isn't realistic. With Stone, he's made out to be sympathetic and always wandering the courts and jail but the guy has a good stable client base and ads and connections everywhere - suggesting a few things, 1) he'd be in his office waaaaaay more preparing pleadings and would easily need a staff; 2) he makes good enough money that there's no way he takes payment
after the case is over where the incentive to pay by the client is nearly zilch (even if you win, which is ####### depressing to have to state), and, 3) given how well known he is, I strongly doubt that he's considered to be so "bad" by his colleagues.
4. I really liked the allocution scene for a few reasons. My gripes with it are that Crowe didn't go over the procedure of the case with Naz ahead of time since she had to have known he would need to allocute and no judge would have found a possible homicide change of plea to be a "waste of time" like the TV judge. But, I really enjoyed that scene because that scenario does happen often (where a guy wants to take a plea, but struggles to admit actual guilt) and there's not too many situations more frustrating to a defense attorney because you know that the client wants the plea to go through, but you can't exactly force him to admit to something he doesn't want to. Frankly, this is why I prefer jurisdictions where an attorney provides the factual basis and a defendant just has to agree that those would be the facts presented at court by the state (kind of like a hybrid guilty plea with Alford/no contest) because, really, no defendant really likes to describe what they did and, usually, a defendant will contest some element of the crime being admitted to. Nonetheless, some judges and prosecutors want to hear the defendant admit guilt for policy reasons, which is why a client should really be prepared and aware of the allocution. Or, in the event the client doesn't remember committing the offense, that really needs to be stated and addressed with the court.
5. I also really liked the plea offer issue. For starters, that sounded like a pretty damn good offer and I'd surmise that many bright defense attorneys would have advised Naz to take it. After all, since his odds of winning trial appear to be low and he faces life, the 15 years seems like it would be in his best interests and the EV choice. Of course, therein lies the philosophical conundrum as Naz insists he didn't do it and the rub question of "should you advise an innocent person to take a plea" comes into play. Well done by the show, in my opinion.