I have argued that the plea bargain system is unjust in both cases, when the accused has committed the crime and when the accused has not committed the crime. T

I have argued that the plea bargain system is unjust in both cases, when the accused has committed the crime and when the accused has not committed the crime. There is no need for anyone to decide who has committed a crime for that argument to go through. To answer your question, not "we" would do that but that's what fair trials are intended for.