Sound Bites Of Justice

Will crowdfunding change our justice system?

Before the internet, a criminally accused individual’s ability to raise legal defense funds was limited. Often, they were supported by their family, friends, and local institutions. With the advent of crowdfunding applications combined with the internet’s reach, an accused’s ability to raise sums has become amplified. Presently, the entire world is now a potential funding source.

GiveSendGo and GoFundMe are two of the popular crowdfunding sites. Through these sites, impressive amounts criminal defense funds has been raised. As of writing this Post, Daniel Penny raised over $2,900,000.00, Karmelo Anthony raised over $514,000.00, and Luigi Mangione raised over $722,000.00. Coincidentally, all three criminal prosecutions involve the taking of a life.

It’s Money That Matters

Money matters in legal representation. While justice may be blind, top litigators are eye openers. The O.J. Simpson murder case serves as Exhibit “1” for this proposition.

Mr. Simpson’s “Dream Team” was so impressive that seasoned lawyers took time out of their busy schedules to watch the trial. Who wouldn’t want to observe a virtual Mt. Rushmore of Criminal Defense Attorneys in action? Who better to pick up a tip or two from than the likes of Johnnie Cochran, Alan Dershowitz, and F. Lee Bailey?

Crowdfunding As A Form of Expression

Criminal Defense Crowdfunding, in some respect, is an expression of free speech. High profile cases often touch hot button societal issues. Upset surrounding these matters combined with strong opinions opens wallets and empties pockets.

Social Justice, Racial Justice, the Plight of Good Samaritans, and Health Insurance Dissatisfaction have all generated substantial contributions. Financial support is akin to voicing an opinion. A “win” in a high profile case sends a message throughout society.

Some crowdfunding sites allow for donors to comment. With this, the public is aware of the donors’ motivations.

The Danger of the Disconnect

Crowdfunding can create a disconnect. When donations are being made, the legal proceedings are still being formulated. The charges, the evidence, the jury instructions and the witnesses are all still both fluid and unknown. Thus, the largess of the monies raised may not be a reflection upon a particular case’s strength or weaknesses.

Further, tying money to litigation creates a gambling-like atmosphere. Having some having skin in the game, emotions can be stoked. It can possible bring a level of toxicity to the proceedings.

Changing Litigation Strategy?

The reality is “facts” matter. Having a “Dream Team” on one’s side does not necessarily guarantee a win. As an experienced lawyer, there are some cases in which the facts are so damning. The result is inevitable.

Thus, some high stakes criminal prosecutions may involve the accused taking a plea deal. Having a well-funded defense may stand in the way of a plea deal as there is money to burn.

While not entirely ethical, crowdfunded lawyers may be motivated to extract as much money as possible before doing a deal. In contrast, some lawyers’ careers could be hampered by making a plea when substantial defense funds were raised. In essence, the largess of the funding creates a both a whole new set of second guessing and expectations.

Conclusion

In addressing the Societal Rail of Justice, crowdfunding presents a unique wrinkle. In the case of indigent defendants entitled to a public funded defense, crowdfunding saves the taxpayers money. There is a societal benefit. Additionally, the funding allows for public expression within the litigation process. Thus, shaping of societal issues via a trial can serve some purpose.

Crowdfunding, however, has a significant likelihood of corrupting the justice process in a multitude of ways. As such, it is anticipated that rules, regulations and ethic protocols will likely be promulgated to address the many concerns.

Be well!!

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