In California, there are hundreds if not thousands of people practicing criminal law though they’ve never passed a bar exam. They don’t wear suits. They don’t have secretaries. And they can’t bill for their time. They’re called Jailhouse Lawyers. They’re inmates who pursue the equivalent of a lawyer’s education and who work as lawyers from within prison walls.
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Though jurors are sworn to uphold the law during their deliberation, they still have the power to decide that a defendant is innocent even when all signs point to their guilt. Prosecutor Paul Butler traces the ways this hidden process was a boon for abolitionists in the 1800’s, and a curse to contemporary prosecutors arguing for a guilty verdict.
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