Keep in mind that criminal cases are brought, in each and every case, by…the government.
Note how Judge Jacobs tells you that it’s futile to argue. Your arguments, however reasonable they may sound, are “self-serving”. You are seeking to increase your “power” at the expense of the “public interest”, which is the proper domain of government because the government is “responsible” and “accountable”. And you are not.
Given this mindset by the Chief Judge of the United States Court of Appeals for the Second Circuit, does anyone think it is a coincidence that federal criminal conviction rates are upwards of 95%?
Did you know that in the Supreme Court of the United States the Solicitor General, who represents the government before that court, is commonly referred to as the “10th justice”? That the Solicitor General’s requests to be heard are almost always granted, whereas for everyone else it is a 1 in 1,000 shot?
Which brings us to the most damning aspect of Judge Jacobs’ speech. Of all the things that might be troubling him enough to mention in a speech – a rare event for a judge in his position – what does it say about the distortion of his mind that he chose to make a pitch for the most overwhelmingly favored litigant in existence? The claim of another group of lawyers to be advancing the “public interest” was just so much – and apparently too much – effrontery. The barest hint of such a thought drew a rebuke from a judge who is undoubtedly, by virtue of his position, speaking for his colleagues as a class.
If you are an attorney who does criminal defense or represents individuals against the government, or against quasi-governmental institutions like insurance companies and banks in any other context, you should take Judge Jacobs at his word.
The question is, what then?