Showing posts with label Lafler v. Cooper. Show all posts
Showing posts with label Lafler v. Cooper. Show all posts

Friday, December 26, 2014

Structural Coercion: Plea Agreements and the Dilemma of the Innocent

There is a thought that only the guilty would admit their guilt and enter into plea agreements. Because why would an innocent person accept the guilty verdict of a crime they in fact did not commit? That theory, however, simply is not true. The plea bargaining process is driven by prosecutorial dominance and is overly coercive to induce guilty pleas. The problem is that our criminal judicial system is plea oriented; dominance that begins with the state offices prosecutor and extends as high as to the judge. The plea bargaining process presents an attractive out for the state in that it is efficient and requires less of an allocation of resources. However, that same out is not as defense friendly. The scenario can be as simple as plead guilty and take 15 years in prison or take your chances at trial and get life. This is a decision that could rest on the shoulders of a guilty defendant, who arguably may deserve the sentence. However, it could also rest on the shoulders of an innocent defendant who would be forfeiting many constitutional rights in order to avoid the huge risk of a jury trial.