Chicago is just so fucked up. Look at this:
Legal experts are unclear on what kind of prison time Van Dyke is facing. The officer will return to court Oct. 31 for a hearing at which both sides will begin to unravel the complicated sentencing structure in play. A second-degree murder conviction carries anywhere from probation to 20 years in prison, but the aggravated battery counts are actually more serious, carrying a mandatory sentence of six years and up to 30 years in prison for potentially each count. But experts vary wildly on how it will all play out, particularly the thorny issue of whether Judge Vincent Gaughan will impose consecutive prison terms for each aggravated battery count or fold them all together. Some predict Van Dyke could face up to 60 years in prison, while others say it’s likely much less. In an interview with the Chicago Tribune after the verdict, special prosecutor Joseph McMahon declined to say how much prison time he would seek. “Any sentence in prison is significant,” McMahon said. “I wouldn’t want to spend a day in prison. I also realize that sending an officer to prison presents other risks and safety issues.”
http://www.chicagotribune.com/news/local/breaking/ct-met-laquan-mcdonald-jason-van-dyke-trial-20181009-story.html
If lawyers don't know what the defendant will get after the verdict they cannot be effective in representing their clients before trial! How do you advise your client about the reasonableness of a plea offer if after verdict you don't know? You have GOT to be able to do that! You have your client's life in your hands, trial is risky, how do you advise him if the risk is worth it? Oh my God.
And what kind of backasswards sentencing scheme has agg batt more serious than MURDER-2?!
Legal experts are unclear on what kind of prison time Van Dyke is facing. The officer will return to court Oct. 31 for a hearing at which both sides will begin to unravel the complicated sentencing structure in play. A second-degree murder conviction carries anywhere from probation to 20 years in prison, but the aggravated battery counts are actually more serious, carrying a mandatory sentence of six years and up to 30 years in prison for potentially each count. But experts vary wildly on how it will all play out, particularly the thorny issue of whether Judge Vincent Gaughan will impose consecutive prison terms for each aggravated battery count or fold them all together. Some predict Van Dyke could face up to 60 years in prison, while others say it’s likely much less. In an interview with the Chicago Tribune after the verdict, special prosecutor Joseph McMahon declined to say how much prison time he would seek. “Any sentence in prison is significant,” McMahon said. “I wouldn’t want to spend a day in prison. I also realize that sending an officer to prison presents other risks and safety issues.”
http://www.chicagotribune.com/news/local/breaking/ct-met-laquan-mcdonald-jason-van-dyke-trial-20181009-story.html
If lawyers don't know what the defendant will get after the verdict they cannot be effective in representing their clients before trial! How do you advise your client about the reasonableness of a plea offer if after verdict you don't know? You have GOT to be able to do that! You have your client's life in your hands, trial is risky, how do you advise him if the risk is worth it? Oh my God.
And what kind of backasswards sentencing scheme has agg batt more serious than MURDER-2?!