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Psychohistorian comments on The Bias You Didn't Expect - Less Wrong
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I think psycho's point is that not only would they have to notice it, they'd have to care.
And since (1) We're talking about people already adjudicated guilty, and (2) almost always NOT the party paying the lawyer there is no real incentive for the lawyer to win, just to present a credible (Professional) case. Most convicts have little money, and even if they had a private lawyer for the court case, they gave him most of their money and their now-ex wife spent the rest on booze and pool boys before the divorce, so now he's got a public defender who gets the same check win or lose.
Even if only a small percentage of prisoners seeking parole pay for their own lawyers, that still constitutes a market whose participants have the incentive to figure out the informal intricacies of parole hearings and adapt to them.