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.
This just simply isn’t true at all. A prosecutor just has to coerce and intimidate you into a plea deal or use unreliable and generally false police testimony to convince a group of average dipshits off the street.
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Better than anyone else?
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.
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Not even close. The vast majority of wealthy nations have far better justice systems than the US.
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This just simply isn’t true at all. A prosecutor just has to coerce and intimidate you into a plea deal or use unreliable and generally false police testimony to convince a group of average dipshits off the street.