If we had, say, shot a violent criminal in self-defense and wound up charged with murder, we’d all stand up righteously and demand a trial, right?
It’s easy for us to say. We’re not looking at a choice of life sentence without possibility of parole and an anticipated defense lawyer fee in six figures as the only options in front of us, for real.
I understand plea bargaining. When I was a police prosecutor (in that state, we could prosecute violations and misdemeanors on our own without an actual attorney doing the prosecution) plea bargaining was my friend…as it was for the defendants. Over 90% of criminal cases are plea-bargained without going to trial. Not coincidentally, I’m convinced that a high 90th percentile of those charged are in fact guilty as charged or at least, guilty of a lesser included offense.
It’s that small percentage of the innocent, wrongfully accused that has been known to keep me up nights.
Here, published about a year ago, is an article on the topic from NACDL, the National Association of Criminal Defense Lawyers, where I had the privilege back in the day of serving for two years as co-vice chair of their forensic evidence committee. I hope you find it of value. I did.
To get an idea what it costs to raise a middle finger to the plea bargain when you in fact did the right thing and went to trial, review this.
Unfortunately, this has led to many people being overcharged for crimes they may or may not have committed. When faced with the prospect of being locked away from family for decades and/ or financial ruin, it is indeed difficult for even an innocent person to refuse a plea deal. The prosecutor records another “win” and furthers their political aspirations.