Re:Confessions of an Ex-Prosecutor (2016)
by AnthonyMouse on Monday July 23, 2018 @09:48PM
(#17597514)
> It therefore sounds like your argument isn't really with the plea system. It is with overly harsh maximum sentences.
But that is how the plea system operates. That is why the sentences are so long.
If the maximum penalty approximated what people are actually sentenced to, the prosecutor would have less leverage in plea bargaining and a much higher percentage of people would go to trial. Or the pleas would have to be more generous which would under-punish actually-guilty people who take the plea -- and reintroduce the incentive for innocent people to plead guilty.
The only way to get rid of that incentive is to get rid of plea bargaining. (Which would then allow maximum sentences to be much lower.)
But that is how the plea system operates. That is why the sentences are so long.
If the maximum penalty approximated what people are actually sentenced to, the prosecutor would have less leverage in plea bargaining and a much higher percentage of people would go to trial. Or the pleas would have to be more generous which would under-punish actually-guilty people who take the plea -- and reintroduce the incentive for innocent people to plead guilty.
The only way to get rid of that incentive is to get rid of plea bargaining. (Which would then allow maximum sentences to be much lower.)