4 ms·
I have understood how this is acceptable in USA and in many parts of the world. This concept of plea bargains and not having to prove anything beyond a certain
by balladeer 9y ago
I have understood how this is acceptable in USA and in many parts of the world. This concept of plea bargains and not having to prove anything beyond a certain limit. I mean isn't it clearly the notion that miscarriage of justice is accepted?
I accept that a lot of this idea in my head is from films set in the USA but then again I have read on the subject and plea deals seem to be not only accepted but encouraged.
How a person, who seemed to have murdered someone, ought to be given only M years of sentence just because that person agrees for a plea deal where if properly tried and proven guilty the person might have been sentenced for N years which usually would be more than M? Just because the prosecution have to work less the culprit gets a lesser sentence? And as you say many who are arrested and haven't done anything but just wants to live with a lesser sentence just agree to such deals because they can't afford a lawyer, let alone a good lawyer.
Is it not questioned? Is it something in the constitution? How does it work? The "deal" itself - is it verbal or plea deals are actually signed and verified?
- tyingq 9y agoIt is not in the Constitution. Some have argued it is in conflict with the Constitution. See https://mic.com/articles/11949/supreme-court-must-strike-down-plea-bargaining https://mic.com/articles/11949/supreme-court-must-strike-dow... The deal is in writing. As you allude, though, it's a terrible system. The DA deliberately files charges one or two tiers higher than needed as a scare tactic to encourage defendants to plea out. The motivation seems mostly to keep the number of actual trials down to match the capacity of the overall system. And it's one of the reasons (there are others) that our incarceration percentage is higher than anyone else's.