Jan 22, 2011

Plea Bargaining

Does plea bargaining undermine the criminal justice system?

Let's take a look at the pros and cons.

Plea bargaining is good because it ensures efficiency and expediency in the criminal justice system. It gathers testimonies to we can take down the big guys. It is an integral part of our system because a bunch of smart people say so. It solves 90% of criminal cases and without this, our entire criminal justice system would collapse.

But it is a vehicle for injustice. Either a guilty defendant gets a harsher sentence, or an innocent person is coerced to plea guilty. How are they coerced? Well, prosecutors brainwash and control the system, and don't exactly tell people the whole story. They've got to cover their own agendas. Oh yeah, and everybody's racist.

And what about innocent until proven guilty?

What is the definition of justice? Is it equality and fairness under the law? Is it getting all the bad guys off the street? Is it the greatest good for the great number for the greatest amount of time?

Should time and efficiency even be comparable to human rights? Can we put a monetary value on innocence and justice? Can you sacrifice justice and still claim that you are upholding the justice system?

It all comes down to framework.

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