The particular "genius" of plea bargaining is that it seems to allow defendants a chance to reduce harsh sentences while locking them into a system that is stacked against them, says attorney Dan Canon in a conversation with The Crime Report about his new book.

cross-posted from: https://lemmy.world/post/13753601

cross-posted from: https://lemmy.world/post/13753145

this book

Our whole criminal justice system is built on expedience: cram as many convictions through as possible as quickly as possible. So, when somebody who really doesn’t have the resources to fight in court, challenges their charges, then the prosecutors typically respond by slapping them with higher charges

The law exists to protect capital. In the 1830s, around the same time that you see the first plea bargains happen in Boston, the legal system was openly and obviously operating along with other institutions to break the back of organized labor.

And since plea bargaining essentially puts a gun to the defendants head, it looks like they’ve agreed to these sort of outrageous outcomes. That’s the genius of plea bargaining at work because it looks like they agreed to whatever draconian conditions have been appended on to their sentence, even if those conditions are patently unconstitutional…