Plea Bargaining !

There are some very disturbing statistics coming out of the United States and they relate to how the justice system arrives at the sentencing of offenders - and a similar situation seems to be developing here !

Ninety-five percent of convictions in the US are the result of "plea bargaining ".   The offender and the prosecutor negotiate a "deal "and when the matter goes to court it is a mere formality for the magistrate or judge to give approval.  It also probably helps to explain why the United States has nearly the world's highest proportion of citizens under lock and key - and our own gaol system is bulging at the seams.

Some people think plea bargaining is a great idea because it speeds up the justice system and does away with many long and costly court trials, but all the cards are in the prosecutor's hands and it is a system that is open to abuse.  For a start, the decision of precisely which charge to lay is entirely at the prosecutor's discretion.    The exact wording can have a greater or lesser outcome on the penalty that applies - and perhaps the greatest example is the difference between "murder "and "manslaughter ".   In some cases, the charge may be dropped to the lesser in exchange for a guilty plea - and a mutually agreed prison sentence.

Then there is the matter of obtaining evidence from an accomplice.   Once again the prosecutor holds all the aces.   Inducement can be legally offered by way of either all charges dropped or lesser charges faced in exchange for incriminating the accused, and loyalty to a mate is not one of the better aspects of the criminal fraternity.   Many will fabricate whatever the prosecutor wants to hear - to avoid their own stint of incarceration.

The tricks of the trade - are many and varied.   Doing a "deal "may involve a selection of evidence presentation.  A criminal caught with both heroin and Marijuana could face different outcomes from the disparity of of sentencing between these two drugs.  Part of the deal may involve a plea bargain of guilty to Marijuana possession - and no mention of the heroin - to settle the case and avoid a costly trial.

An accused person faces an impossible situation when a prosecutor suggests a "plea bargain "to settle a case.   There is the threat that multiple charges will be presented in court and the probability of a long prison sentence if a "not guilty "plea fails.  Against that is the prospect of a far lesser penalty - in exchange for caving in and pleading guilty.  The wise usually accept the softer option.

Unfortunately, the way our justice system works delivers rewards to prosecutors who have a successful track record of obtaining convictions.  Wins and losses are the base on which promotions are decided and this can colour the decisions an ambitious prosecutor makes to present a track record of high merit.  In some cases, that can be at the cost of actually dispensing "justice ".

Our law system is based on the notion of each case being given due consideration by a wise person sitting in judgement - who considers all the facts and takes into account the nuances that fit the crime. A system of "assembly line " convictions that bypass this filter cheapens the rule of law - and delivers neither justice or due outcome to the world of crime !