Plea Bargains Are Not Unjust
Sunday, October 30, 2011
The overwhelming majority of criminal cases are settled by pleas of guilty to some charge - often a reduced charge or one with an agreed sentence. Does this mean that the criminal justice system is corrupt? Not at all. Nor does it mean that the criminal justice system is not just.
In cases which go to trial, the judge does not assume that the officer is telling the truth because he or she is an officer, but because of past experience. These people see each other at least several times per week, so there is an underlying set of relationships at work. Just because a citizen disagrees with an officer the result is not a disbelief in the citizen's statement.
Judges understand very well that everyone views every situation from a slightly different perspective, and that you may be absolutely certain of your rectitude and yet absolutely wrong, or the officer may be certain it was you who was speeding and yet have been aiming just a hair off on the radar gun and focused on another vehicle. It is the claim that the officer is lying (rather than mistaken) which may lead to a problem. Unless the officer has a history of lying in court, it is rarely advantageous to claim that he or she is doing so. At my first law firm we were absolutely certain that the police in Columbus, Ohio were throwing crack at the feet of black males standing on street corners (probably as drug-ring lookouts) to justify their arrest, but were never able to get it on tape--thus we never made the charge.
One need not, however, plead guilty to any criminal allegation or charge. Most charges can be settled for a plea to some intermediate offense. For example, an amendment from a moving violation to an equipment violation is usually possible. I do not recall ever having pleaded a client guilty to anything other than a reduced charge. While plea bargaining is immoral (those who are guilty should be found guilty), it is necessary as a key component of the criminal justice system.
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See, e.g., Palermo, White, Wasserman & Hanrahan (1998), who estimate that 90-95% of all guilty pleas of persons represented by counsel are the result of plea bargains (p. 112). For more serious charges, there is a huge difference between attitudes in the various states. I find that Ohio judges will plea bargain anything; the culture in Kentucky is that the judge will accept a plea bargain only if the facts require it--the judge will actually inquire, on the record and in open court as to why such a bargain should be accepted.
Of course, even in northern states I have usually been able to demonstrate some significant infirmity in the prosecution's case, but that is largely because I work cases hard and can often find some key facts which would have been overlooked if my motivation were less. Or perhaps I just have had a string of innocent clients.
Reference:
Palermo, G.B., White, M.A., Wasserman, L.A., and Hanrahan, W. (1998). Plea bargaining: Injustice for all? International Journal of Offender Therapy and Comparative Criminology.