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Not sure if this was the right forum for this, but in court cases, a lot times when someone is charged with a crime, the prosecutor will often offer plea bargains in exchange for lesser sentences for the criminals.
But why? I feel that some crimes, the plea pargain deals are not harsh enough, and if you have enough evidence to prove your case, then why not go for the trial and not offer a plea bargain at all? Why let criminals off easy so often?
Well if that's the case, then perhaps the rate of incarceration time should be measured as more of a success then the rate of conviction, should it not?
Plus most prosecutors don't prosecute, if they do not have a good faith of conviction, so if the case is winnable, or even a slam dunk, then wouldn't the conviction be rate be pretty much the same anyway, trial or plea bargain? I mean if the defendant tells the client to plea bargain, than you know the case you have must be pretty strong, if the lawyer is telling the client to take a deal. So if you know the case is strong, you can still have a conviction anyway, if you go all the way.
Wouldn't a prosecutor's conviction rate not look like much special, if a lot of the cases, were lenient sentences from plea bargain deals?
For sex crimes where they pleading down from a rape charge to something lesser, I think the plea bargaining sentence should always be at least 5.5 years, depending on the type of sex crime.
Time. Not enough time and resources to bring every case to trial. Plus the Constitution guarantees a right to a speedy trial. If every case was to be brought to trial, you'd have so many constitutional challenges that its not even funny.
There's a constitutional right to a speedy trial, so you can't get much behind no matter how understaffed you are. Either plea bargain or let them go.
We can't afford to keep them behind bars. We already have 22% of the whole world's prison population. Many offenses are not worth jailing someone over, so we plead it down to no jail time. Take it easy on the taxpayer.
If we convict someone of a felony we make them unemployable for the rest of their life. Plead it down to a misdemeanor and they can find a job and be self-supporting.
Our criminal code is the result of generations of politicians playing "Let's Make A Law." It is full of actions that shouldn't be offenses in the first place, with penalties that are Draconian. Typically, there are multiple statutes covering the same activities, so we have a choice. If we run across a real waste of oxygen, we can put him or her away for a few years. If we run across an ignorant bozo, we can hand them a get out of jail free card. Everybody in the courtroom, including the prosecution, defense, and the judge have to approve a plea bargain. It's how the system works.
The costs of trials are a big reason.
A murder trial can easily cost a county $1 million dollars or more, and that's a lot of money for a county that is lightly populated or has a poor revenue base. City courts are as expensive, sometimes more so.
I only used murder as an example. Any complicated serious crime can be extremely costly to the taxpayers. The more complicated a case is, the more it will cost to go to trial, and at trial, the outcome is always more uncertain than a guilty plea.
When cost is a consideration, the worst outcome of all is a hung jury. That means another trial, and the costs could double. It's better sometimes to offer a lesser charge and get a guilty plea instead.
Not sure if this was the right forum for this, but in court cases, a lot times when someone is charged with a crime, the prosecutor will often offer plea bargains in exchange for lesser sentences for the criminals.
But why? I feel that some crimes, the plea pargain deals are not harsh enough, and if you have enough evidence to prove your case, then why not go for the trial and not offer a plea bargain at all? Why let criminals off easy so often?
Plea Barganing is used to clear up as many crimes as possible, in other words if you admit to this and this, we will give you a lesser sentence.
In the US, you have people admitting to things they haven't even done in order to improve clear up rates.
There's a constitutional right to a speedy trial, so you can't get much behind no matter how understaffed you are. Either plea bargain or let them go.
We can't afford to keep them behind bars. We already have 22% of the whole world's prison population. Many offenses are not worth jailing someone over, so we plead it down to no jail time. Take it easy on the taxpayer.
If we convict someone of a felony we make them unemployable for the rest of their life. Plead it down to a misdemeanor and they can find a job and be self-supporting.
Our criminal code is the result of generations of politicians playing "Let's Make A Law." It is full of actions that shouldn't be offenses in the first place, with penalties that are Draconian. Typically, there are multiple statutes covering the same activities, so we have a choice. If we run across a real waste of oxygen, we can put him or her away for a few years. If we run across an ignorant bozo, we can hand them a get out of jail free card. Everybody in the courtroom, including the prosecution, defense, and the judge have to approve a plea bargain. It's how the system works.
But this is where I feel that the defense has too much control, when they are allowed to plead things down to a misdemeanor. Either the crime is a felony or a misdemeanor, but the defense should not be allowed to decide that. It's the law that defines what counts as a misdemeanor or a felony, and should be decided by a deal.
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