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I've seen it argued mostly in relation to drug charges. Essentially, when faced with charges with a potential penalty in the decades and offered the option to p
by bryondowd 10y ago
I've seen it argued mostly in relation to drug charges. Essentially, when faced with charges with a potential penalty in the decades and offered the option to plea guilty for a sentence orders of magnitude more lenient, nearly everyone will plea rather than fight their case, even if they have a strong case. Unless they know with absolute certainty that they will win, it makes more sense to take a slap on the wrist than to risk losing your life as you know it. Then there's the information asymmetry, where you don't have enough information to know if you have a guaranteed case, and aren't given the opportunity to find out before the plea bargain is taken away. So, essentially, instead of a court determining your guilt based on evidence, you have a game theory scenario what forces you into a guilty plea with no regard for the evidence.
I would expect that a savvy financial type who can afford to pay a competent lawyer would be significantly less impacted by this phenomenon (if at all) than the typical person charged with a drug possession offense represented by a public defender who has too many clients to properly serve each one.
Really, it seems to me that the issue isn't necessarily with plea bargains in general so much as with plea bargains with massive differentials to the original charges.
- ghurtado 10y agoThank you for explaining that. > Really, it seems to me that the issue isn't necessarily with plea bargains in general so much as with plea bargains with massive differentials to the original charges. I agree with you. I think the root cause is completely unreasonable penalties for certain charges (which is especially true of drug charges). With a smaller differential, the bargaining power of the prosecution is drastically reduced (as it should be).
- EdHominem 10y agoWell, the root problem is prosecutorial misconduct which is how they get their success rate so high that you're forced to plea-bargain. As proof of misconduct, note that when evidence is proved systematically unreliable, prosecutors argue that the rulings should remain. (eg, hair testing, etc) There's no desire to get the right answer, just to get the most convictions.