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I wish more people were pissed off at plea bargaining. Yes, I know people think, the US needs it. But there's plenty of countries without plea bargaining (or at
by wisty 14y ago
I wish more people were pissed off at plea bargaining. Yes, I know people think, the US needs it. But there's plenty of countries without plea bargaining (or at least, with a greatly reduced plea bargaining system). IMO, it should simply result in a reduced sentence, at the discretion of the judge (as evidence of remorse, not a reward for making the court's job easier).
The government doesn't threaten you with a bigger sentence if you refuse to be unconstitutionally searched (if you tell the cops to come back if they get a warrant). You don't get a smaller sentence for waiving your right to a silence, or counsel. But you do get a smaller sentence for waiving a right to a fair trial. I can't really see how this is constitutional, but being forced to waive other rights isn't.
Yes, things would be easier if criminals were coerced (by the threat of a larger sentence) to let the police search them without a warrant, to answer everything the police asked, to not to lawyer up, and to confess their guilt without a trial. But it's not the way a free country works.
And you are punished with stiffer sentences. If criminals are getting off lightly (due to plea bargaining), then politicians will raise sentences. This means people who do nothing more than demand a fair trial will receive stiffer punishments than they deserve.
I can't see how a lack of fair trials serves justice either. It encourages lazy police work. And an unfair process turns people against the system. If people accept plea bargains, do they really see themselves a guilty, or simply persecuted by "the system"?
- josephlord 14y agoI largely agree with you though some sentence reduction for making the court's life easier, avoiding the cost (emotional, time and financial) to witnesses (including the victim) is appropriate it is a question of the magnitude. 10x sentence difference is undue pressure that is enough to make the innocent plead guilty (or worse). An expectation of 30%-50% sentence for pleading early is a significant reduction but not in most cases enough to make an innocent person plead guilty unless it crosses a threshold that allows a suspended sentence or community punishment (in which case the magnitude of any improper conviction is relatively low). I'm in the UK were there is talk of cautiously introducing some form of plea bargaining. At the moment I think pleading guilty (and how early it is done) is just something taken into by the judge. There may be some deals on the charges brought when there is some discretion but I don't think the opportunities are that great.