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"Guilty pleas have replaced trials for a very simple reason: individuals who choose to exercise their Sixth Amendment right to trial face exponentially higher s
by xfitm3 8y ago
"Guilty pleas have replaced trials for a very simple reason: individuals who choose to exercise their Sixth Amendment right to trial face exponentially higher sentences if they invoke the right to trial and lose. Faced with this choice, individuals almost uniformly surrender the right to trial rather than insist on proof beyond a reasonable doubt, defense lawyers spend most of their time negotiating guilty pleas rather than ensuring that police and the government respect the boundaries of the law including the proof beyond a reasonable doubt standard, and judges dedicate their time to administering plea allocutions rather than evaluating the constitutional and legal aspects of the government’s case and police conduct. Equally important, the public rarely exercises the oversight function envisioned by the Framers and inherent in jury service."
https://www.forbes.com/sites/walterpavlo/2018/07/31/are-innocent-people-pleading-guilty-a-new-report-says-yes/#717d12ff5193 https://www.forbes.com/sites/walterpavlo/2018/07/31/are-inno...
https://www.theatlantic.com/politics/archive/2017/05/plea-bargaining-courts-prosecutors/524112/ https://www.theatlantic.com/politics/archive/2017/05/plea-ba...
- jdietrich 8y agoTo give a tangible example, Aaron Swartz was offered a plea bargain for six months in federal prison, on charges that carry a maximum sentence of 35 years imprisonment. In simple game theoretic terms, it's usually optimal to take the plea bargain even if you're innocent, you've got good representation and your case is strong. A certainty of a short sentence is preferable to the possibility of your life being ruined.