4 ms·
It won't happen. Our current justice system _needs_ a lot of people to take plea bargains, because neither the defense, nor prosecution, nor judges, have the r
by everforward 5y ago
It won't happen. Our current justice system _needs_ a lot of people to take plea bargains, because neither the defense, nor prosecution, nor judges, have the resources for most cases to actually hit the courtroom.
Studies estimate that 90-95% of criminal cases are settled via a plea deal.
It's one of the greatest shams of our justice system. The Constitution guarantees you habeus corpus, but we are in no way equipped to actually offer that. If you accept the government defense, everyone involved has a vested interest in preventing you from exercising that right.
I think the current style of plea bargains should be ruled unconstitutional, and the bar should have some serious thoughts about the ethics of some DAs. I simply can't fathom that "accept this plea deal or we're going to ask the judge to double the sentence if we win" doesn't seem like the government trying to force someone to abandon their constitutional rights, and trigger a very serious ethics investigation.
Can you imagine a doctor saying that they're going to do a bad job treating you if you don't sign away your HIPPA rights? Or what the medical board would do to anyone that tried?
Insidiously, I think that neatly whitewashes the fact that our body of laws has become so broad and overreaching that we can't really allow people to exercise their rights. If they did, the Department of Justice would balloon up to the size of the Pentagon, and the extra taxes would put a huge drag on our economy.