Why plea bargaining is unconstitutional

These agreements allow prosecutors to focus their time and resources on other cases, and reduce the number of trials that judges need to oversee. In plea bargains, prosecutors usually agree to reduce a defendant's punishment. They often accomplish this by reducing the number of charges of the severity of the charges against defendants. They might also agree to recommend that defendants receive reduced sentences.

Some plea bargains require defendants to do more than simply plead guilty. For example, prosecutors often offer favorable plea bargains to defendants who agree to testify for the state in cases against other defendants.

According to the Department of Justice's Bureau of Justice Assistance, " The overwhelming majority 90 to 95 percent of cases result in plea bargaining. In some jurisdictions , prosecutors and defendants can work with judges to predetermine what sentence the defendants will get if the defendants accept plea bargains. Similarly, federal judges may not be directly involved in plea bargain negotiations. In another case, two businessmen accused of financial fraud were offered sentences of seven years and sentenced to 80 years after a trial.

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News Corp is a global, diversified media and information services company focused on creating and distributing authoritative and engaging content and other products and services. Dow Jones. There is virtually no process, much less due process. And it all occurs almost entirely behind closed doors, rather than in front of a judge, a jury, and the American public, as the Founders intended. Juries are made of people, and people are flawed, biased, and often vindictive.

None of that is true of the typical plea bargain in America today. Indeed, if negotiated fairly, plea deals can be beneficial to all sides and promote justice and public safety.

But we need to establish commonsense guidelines around the process, such that defendants who want to negotiate can do so on a level playing field. All we ask is a fair fight. Stay tuned! This vital work depends on the support of ACLU members in all 50 states and beyond. Contributions to the ACLU are not tax deductible. Skip navigation. Federal advocacy Our work with law and policy makers to ensure necessary statutes exist to protect our civil rights. Know your rights Do you know your rights?

The vast number of cases brought under our system of mass incarceration means that plea bargaining is the only way for courts to get through the sheer number of cases in their dockets. This system lacks process, fairness, and often even rule of law. Share This Page.