Oct. 3, 2025 - Freedomain Radio - Stefan Molyneux
03:52
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| So, of course, I'm not a lawyer. | |
| This is just my understanding. | |
| This is not legal advice. | |
| And it's alleged that he's the shooter. | |
| So this is how typical murder cases proceed. | |
| Let's just say this is in Utah, of course, right? | |
| So following an investigation and arrest, the defendant appears before a judge within 48 to 72 hours. | |
| The charge is read, rights are explained, and bail is addressed. | |
| A public defender may be assigned if necessary. | |
| And then there's a waiver hearing. | |
| The defendant decides whether to waive the right to a preliminary hearing and proceed directly to arraignment. | |
| This is often a strategic decision made with counsel. | |
| If they go to a preliminary hearing, the prosecutor presents evidence to establish probable cause that a crime occurred and the defendant committed it. | |
| Witnesses may testify, the defense can cross-examine. | |
| If probable cause is found, the case binds over to a district court. | |
| Otherwise, charges may be dismissed. | |
| In the arraignment, the defendant formally enters a plea, guilty, not guilty, or no contest. | |
| For a not guilty plea, a trial data set and pretrial conferences are scheduled, scheduled, or scheduled, if you're not British. | |
| Plea bargains can be negotiated here or later. | |
| So pre-trial conference and motions, attorneys are negotiating plea deals. | |
| They file motions such as to suppress evidence and exchange discovery, right? | |
| This is discovery is the back and forth of relevant information to the trial. | |
| Multiple conferences may occur to resolve the case without trial. | |
| The pre-trial process typically takes four to eight months. | |
| Most cases, and it's wild when you think about it, because this sort of Anglo-Saxon, highly complicated court case was designed with a low criminality population, a very low criminality population. | |
| Whites have a pretty low criminality. | |
| East Asians have an even lower criminality than whites, and it scales upwards. | |
| East Asians, whites, Hispanics, and blacks in the sort of typical IQ thing that we've talked about before. | |
| So most cases, because Anglo-Saxon common law, you know, cross-examine witnesses, no hearsay, evidence rules, chain of custody, the right to confront your accusers and so on. | |
| It's all very complicated, expensive, and time-consuming. | |
| And because we have a relatively, in America, maybe not Utah, but in America as a whole, it's a pretty high crime population. | |
| So most cases, over 90%, resolve your plea bargains before trial. | |
| So, you know, generally the way that it works, this is sort of my obviously non-lawyer amateur understanding, is that they say, bro, bro, bro, we got you dead to rights. | |
| We got you on video. | |
| We got eyewitness testimony. | |
| Your DNA is at the scene, smoking gun in your pocket, you name it, right? | |
| We've got you dead to rights. | |
| So if you go to trial, we're going to aim for 20 years, but, but if you plea out, maybe you can get 10, maybe you can get eight, five, you'll be out in three, five, seven, whatever it is, right? | |
| So it's kind of funny when you think about it, right? | |
| Like you can't bribe a judge, you can't bribe a lawyer, you can't bribe witnesses, you can't bribe jurors and so on, but but but but you can, in fact, bribe people who may be guilty with years and years of time. | |
| Years and years of time. | |
| Isn't that wild? | |
| You can't bribe a judge, a juror, a witness, or a lawyer with 50 bucks, but you can bribe someone with 10 years off their sentence just to plead guilty. | |
| And, you know, you can beat the ride. | |
| You can't beat the rap, which means that sometimes I assume people think that the process itself is the punishment. |
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