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akhosravian | 1 year ago

Plea bargains account for over 90% of convictions in the US. Part of the cause is prosecutors can and do offer deals that rational actors would have a hard time refusing.

As a trivial example: imagine you are charged with a misdemeanor you absolutely didn’t do. Assuming you have no previous criminal record the state offers you a civil penalty (ie an expensive speeding ticket).

Are you going to go to trial knowing you could be sentenced to a year in prison? Keep in mind just paying an attorney to represent you through the trial will cost several times the civil penalty.

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qarl|1 year ago

As I explained in the other comment - plea bargains are a different issue - and do not impact my argument in the least.

The OP claims that juries can be bullied by a prosecutor into delivering a guilty plea. But if this were so, defendants would choose a bench trial as it would a safer bet. They do not, because juries are not bullied by prosecutors.