I’m not sure that attacking the idea of the plea itself is right. Plea deals are useful in a well-run juridical model.
Instead, prosecutors should be barred from overcharging as a form of coercion, which is plainly what they often do today. Some combo of state legislators, the state supreme courts, and the ABA should create guardrails for charging decisions.
Finally, as I understand its history, the broad use of overcharging is a fairly recent development that arose because other parts of our system broke down or were overwhelmed, often because of underfunding and/or political expedience.
I was being a bit hyperbolic when I said eliminate it but it should be greatly reduced.
Think of it this way, I am not saying OJ was guilty but if he had not been rich, he would have gone to prison. A poor person would have taken a plea.
I have had to use a lawyer a few times in my life and it is crazy expensive. Never for a criminal case but for a civil case.
Sure prosecutors have immunity, even greater than a police officer, they have no fear over charging. We need to remove that immunity and allow them to be sued.
I’m not sure that attacking the idea of the plea itself is right. Plea deals are useful in a well-run juridical model.
Instead, prosecutors should be barred from overcharging as a form of coercion, which is plainly what they often do today. Some combo of state legislators, the state supreme courts, and the ABA should create guardrails for charging decisions.
Finally, as I understand its history, the broad use of overcharging is a fairly recent development that arose because other parts of our system broke down or were overwhelmed, often because of underfunding and/or political expedience.
I was being a bit hyperbolic when I said eliminate it but it should be greatly reduced.
Think of it this way, I am not saying OJ was guilty but if he had not been rich, he would have gone to prison. A poor person would have taken a plea.
I have had to use a lawyer a few times in my life and it is crazy expensive. Never for a criminal case but for a civil case.
Sure prosecutors have immunity, even greater than a police officer, they have no fear over charging. We need to remove that immunity and allow them to be sued.