In a plea bargain, the defendant agrees to plead guilty to a lesser charge in exchange for a reduced sentence or other benefit. Plea bargains are a common practice in the US criminal justice system. While this process can sometimes lead to speedier, less expensive case resolutions, experts worry about the effects of mandatory minimums, the “trial penalty,” and other issues.
One major concern is the “trial penalty,” where defendants who choose to go to trial are often punished with harsher sentences than those who plead guilty. This is largely due to mandatory minimum sentencing laws, which require certain minimum sentences for certain crimes, often without taking mitigating factors into account. As a result, prosecutors may leverage these mandatory minimums against defendants to encourage them to plead guilty, or seek harsher sentences for those who refuse by overcharging the defendant and convincing juries it is necessary.
This convergence leads to the “trial penalty,” where a defendant who insists on going to trial and is found guilty can be given much harsher sentences than if they had accepted a plea bargain. This penalty can be especially severe for those who face mandatory minimum sentences, such as drug offenses r other offenses where the prosecutors choose to overcharge a defendant.
On top of this, the plea bargaining process itself can be flawed, with defendants often faced with confusing and coercive pressure to accept a plea deal, particularly if they lack adequate legal representation.
The consequences of these issues can be dire for defendants and for the criminal justice system as a whole. Research has shown that plea bargains result in higher rates of racial disparity and impoverishment among criminal defendants. It also leads to innocent defendants serving excessive sentences because they selected to stand on the principle that innocent people don’t take plea deals. Big mistake!
It is clear that the plea bargain process needs reform. Some argue that mandatory minimums need to be abolished. Others advocate for better access to legal representation and fair plea bargaining practices.
Ultimately, it is up criminal justice reform advocates, faith-based organizations, civic organizations and hopefully lawmakers and legal professionals to collaborate to improve the plea bargaining process. We must recognize that the effects of the trial penalty cause extreme harm to innocent defendants and undermines our trust in the criminal justice system. Only through continued advocacy, reform and education can things change for the better.