Monday, August 24, 2020

Plea Bargaining is the Death of Justice in the United States

  Here we introduce the nation's unsung injustice. What we speak of here is about as grave of a fault as our our nation has. Yet, among the common public, it gathers no attention, no debate, no outcry or concern.
  We arrest and toss them in jail before their crime is established by the court. We set what we call a bond, and use it for leverage against them. Use the words "bribery" or "extortion," if you like, for they are not so wrong. The term we do use is "plea bargaining," and it simply means that if they do certain things, we will bargain with them.
  We often start with a higher charge than necessary, in order to have more leverage in the bargaining process.
   Tell me if all this amounts to justice. Real justice is when you charge honestly for the crime committed. There is no "plea bargaining." What you charge them with is what they were guilty of, no more, no less. Where is the room for bargaining? Where is the reason for bargaining?
   Fewer and fewer are the cases that go to court in America these days. The Constitution calls for a trail by jury, but usually, it never reaches that. We don't let our cases reach the court. We talk them into confessions, sometimes for things they've never done. We use the leverage we have against them to deprive them of justice.
   And, we can get away with it, because who is going to stand up for the criminal?
   A half a million jailmates on any given day are there awaiting their trials. They haven't even been convicted yet, but they are already in jail. Jailing them adds to the leverage we have against them. How many are in jail before conviction? Six in 10 jailmates are awaiting their trials. We say they will flee if we do not jail them and force them to put up a $10,000 bond. Yes, that is what we say, but what we really are doing is leveraging them, gaining leverage so they will be forced to make a plea.
   This plea bargaining tool has been around going back centuries, But, has it ever found its use just these past few decades. I mentioned above that six out of 10 people in jail are there without having yet been convicted. That same article says those who have not been found guilty account for 95 percent of all jail population growth between 2000-2104. Then, I read another article that says 70 percent of all people in jail are not convicted of any crime. Seventy percent being greater than 6 out of 10, I assume it is a newer article that suggests 70 percent, and it is but a reflection of how fast the rate is rising.
   And, note this, for it is important: This injustice is contributing to the number of people who flee arrest -- and, thus end up getting shot. Those who have gone through the wringer of plea bargaining see no hope for obtaining justice. They know if they go back, they will be but abused by the system. So, they flee. They flee in fear of a system that offers them no mercy, no justice, no hope.
   Finally, let it not go unnoticed that America is the most incarcerated nation in America. This has a lot to do with that.
   If we would improve our state and nation, this is a good place to start.

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