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The plea bargain was made legal in 1970[1] by the Supreme Court, is there any way to overturn it? What kind of implications would this have? Did the judges then

by ihsw 14y ago

The plea bargain was made legal in 1970[1] by the Supreme Court, is there any way to overturn it? What kind of implications would this have? Did the judges then have the foresight to realize that over 90%[2] of federal court cases would be concluded with plea bargains? [1] http://en.wikipedia.org/wiki/Brady_v._United_States http://en.wikipedia.org/wiki/Brady_v._United_States [2] http://en.wikipedia.org/wiki/Plea_bargaining_in_the_United_States http://en.wikipedia.org/wiki/Plea_bargaining_in_the_United_S...

malandrew 14y ago
Has anyone ever tried countersuing the DoJ once presented with a plea bargain. Given the numbers behind plea bargaining and conviction rates, it seems like you could convince others of the cruel and unusual nature of plea bargaining. Given the odds it's definitely unfairly coercive.
SilasX 14y ago
Why would you want to abolish the plea bargain? Generally speaking, contracting someone's choice set makes them worse off. (Here, the choice to take a known loss rather than roll the dice at trial -- the same kind of choice you make when you buy insurance.) The problem, rather, is that prosecutors can credibly threaten to convict with such severe prison sentence that your best option is take an oppressive plea deal. Abolishing plea bargains doesn't help that; if anything, it makes the problem worse by sealing one relief valve in the whole process. OTOH, there is something to be said for "DDOSing" the archaic justice system by collectively forcing all cases to go to trial, something others have proposed. But you just need enough committed accuseds to do that, not a new law.
- lukifer 14y ago
  Governments simply don't have enough money to try every case or enforce every maximum prison term. If the plea bargain was eliminated, prosecutors would be forced to prioritize a great deal more. Moreover, for better or worse, every single defendant accused would receive their day in court, as opposed to being forced to gamble with the years of their life, even if they are innocent or the crime is a minor one. Abolishing the plea bargain would by no means fix the broken system, but it would be a good start.
- daniel-cussen 14y ago
  If you could make every parent in the world unable to pay a child's ransom, wouldn't you? A harmful choice is necessary for coercion, or in the legal sense, menacing.

by ihsw 14y ago

malandrew 14y ago

Has anyone ever tried countersuing the DoJ once presented with a plea bargain. Given the numbers behind plea bargaining and conviction rates, it seems like you could convince others of the cruel and unusual nature of plea bargaining. Given the odds it's definitely unfairly coercive.

SilasX 14y ago

Why would you want to abolish the plea bargain? Generally speaking, contracting someone's choice set makes them worse off. (Here, the choice to take a known loss rather than roll the dice at trial -- the same kind of choice you make when you buy insurance.) The problem, rather, is that prosecutors can credibly threaten to convict with such severe prison sentence that your best option is take an oppressive plea deal. Abolishing plea bargains doesn't help that; if anything, it makes the problem worse by sealing one relief valve in the whole process. OTOH, there is something to be said for "DDOSing" the archaic justice system by collectively forcing all cases to go to trial, something others have proposed. But you just need enough committed accuseds to do that, not a new law.

lukifer 14y ago
Governments simply don't have enough money to try every case or enforce every maximum prison term. If the plea bargain was eliminated, prosecutors would be forced to prioritize a great deal more. Moreover, for better or worse, every single defendant accused would receive their day in court, as opposed to being forced to gamble with the years of their life, even if they are innocent or the crime is a minor one. Abolishing the plea bargain would by no means fix the broken system, but it would be a good start.
daniel-cussen 14y ago
If you could make every parent in the world unable to pay a child's ransom, wouldn't you? A harmful choice is necessary for coercion, or in the legal sense, menacing.