by: Abby Coven
Local Editor

Millions of criminal cases begin or end with the defendant pleading guilty in exchange for a lighter sentence, reduced charges, and less uncertainty. Prosecutors routinely make plea deals with defendants to manage overwhelming caseloads and ensure convictions. The resulting modern plea bargaining system is unconstitutional and shortcuts true justice. State legislative bodies and Congress have a responsibility to increase resources to the criminal justice system to stop plea bargaining and safeguard constitutional integrity for those accused of crimes.

Moreover, “trial penalty” is a coercive way prosecutors threaten significantly harsher and longer sentences if defendants invoke their Sixth Amendment right to a jury trial, often forcing defendants to plead guilty even if they are innocent. In addition to violating the Fifth Amendment right to avoid self-incrimination, defendants who agree to plea agreements forego their right to confront their accusers and challenge evidence. Without a trial, cases with weak evidence or police misconduct proceed without holding law enforcement accountable.

Over 97% of criminal cases in the federal courts end in plea bargains, and the rates are similarly high in state courts. Gradually, policies have made plea bargaining exponentially easier for prosecutors and a better option for defendants. In 1978, the Supreme Court ruled the “trial penalty” practice of threatening drastically higher sentences was constitutional in Bordenkircher v. Hayes. Prosecutors also routinely overcharge defendants with criminal violations, ensuring that going to trial becomes too risky, leading defendants to accept lower, negotiated charges. Famously, in 2008, Jeffrey Epstein’s charges for sex trafficking could have led to a life sentence. After working out a plea deal, he pleaded guilty, reducing his sentence to 13 months in prison with work release, which federal officials later considered as a failure in sentencing. Moreover, innocent people are at serious risk of serving time in prison by agreeing to plea deals. After almost 20 years of fighting for her innocence, Angela Garcia served up to 17 years in prison for an arson charge that was later disproven.

Furthermore, this broken plea bargaining system seriously disadvantages defendants who cannot afford legal defense and bail, forcing them to make compromises for financial reasons. Racial disparities are rampant throughout the criminal justice system, especially for Black and Latino individuals, who are far more likely to plead guilty to crimes they did not commit for a lesser sentence. Plea deals are negotiated in private, which can lead to inconsistent outcomes for people accused of the same crimes and further drive racial bias.

While plea bargaining does considerably accelerate the often long judicial process, it undermines and discards crucial aspects of a fair trial. The plea bargaining system is leaving massive gaps in justice that have the potential to alter the lives of innocent people and their families.

(Sources: American Bar Association, Brookings, NPR)