Plea Bargains and Injustice

Imagine having to decide between life in prison or ten years of probation for a crime you didn't commit.

Sounds absurd, right?

Unfortunately, this is the reality for many people caught in the tangled web of plea bargaining.

When thinking of the criminal justice system, you may imagine innocent until proven guilty, and justice being served. However, the reality for many defendants in America is much different due to the widespread practice of plea bargaining, which often leads to coercion, wrongful convictions, and life-altering consequences.

Plea bargaining is when the prosecutor and defendant negotiate a plea agreement to resolve a criminal case without going to trial. While it can expedite the legal process, it has a dark side that perpetuates systemic injustices and leads to the conviction of innocent people.

95%

of State Criminal Cases

98.5%

of Federal Criminal Cases

Injustice

Plea bargaining can cause defendants pleading guilty to crimes they did not commit in order to avoid the risk of a harsher sentence, like we just saw. This can lead to innocent people being convicted and punished for crimes they did not commit just to return to the life they know sooner.

Coercion

Some defendants may feel pressured or coerced into accepting a plea deal. And many are not fully informed of their rights or the consequences of a plea, which leads to defendants pleading guilty to crimes they did not commit, or to harsher sentences than they would have received if they had gone to trial.

Isolation and a Lack of Transparency

Plea bargaining often takes place behind closed doors, which can make it difficult for the public to understand the process or to hold the criminal justice system accountable.

Inequalities

Plea bargaining exacerbates existing inequalities in the criminal justice system, particularly for defendants who are low income, less educated, or people of color. These groups may be more likely to accept plea deals than others.

Lack of accountability

Plea bargaining can shield prosecutors and other government officials from accountability for misconduct, as defendants may be more likely to accept plea deals in order to avoid the risk of a harsher sentence if they were to go to trial. Effectively covering their tracks after everything is all said and done, unless investigated at a later date.

18% of known exonerees pleaded guilty to crimes they didn’t commit

Plea bargaining can lead to wrongful convictions. 

Prosecutors may use the leverage of harsher charges or sentences to pressure innocent defendants to accept a plea deal, leading them to plead guilty or no contest to a lesser charge. And some prosecutors withhold or suppress evidence that could prove a defendant's innocence to secure a plea deal. The pressure to secure convictions can also lead to prosecutorial misconduct, such as withholding exculpatory evidence or making false statements to the court, which can result in unjust outcomes.

Several high-profile cases have shed light on the flaws of plea bargaining and the urgent need for criminal justice reform. These cases underscore the potential for plea bargaining to lead to unjust outcomes and wrongful convictions, emphasizing the necessity for change.

As we strive for a more equitable and just society, it is crucial that we address the inherent problems within the plea bargaining system. Reforming plea bargaining practices and ensuring transparency and fairness in the criminal justice process will not only protect the rights of the accused but also uphold the integrity of our justice system as a whole. It is our collective responsibility to advocate for change, hold the system accountable, and work towards creating a brighter future for all.

Together, we can make a difference and help prevent stories like Troy's from happening to others.

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