Re:Confessions of an Ex-Prosecutor (2016)
by Digory on Tuesday July 24, 2018 @12:45AM
(#17598172)
Harvard's Bill Stuntz wrote about plea bargains extensively before his death.[1] His last book was the "Collapse of American Criminal Justice."
The issue isn't the plea bargain itself, but the incentives to make lots of 'suboptimal' deals. I've seen similar, recent arguments about whether #MeToo perpetrators should be allowed to settle with victims, because of our public interest in identifying attackers.
All things being equal, negotiated resolutions are great. But politics, over-criminalization, career incentives, and budget pressure swamp any real negotiating power by defendants. No one wants to kill any individual's deal. But the deals are the best way to 'see' the effect of the system's incentives.
Re:Confessions of an Ex-Prosecutor (2016)
by pvg on Tuesday July 24, 2018 @09:24PM
(#17606286)
Thanks, I'll check it out. Curiously, Stuntz's names pops up in one of the article linked in thread by the cursory googlemaster as a supporter (presumably in fair conditions) plea bargains.
The issue isn't the plea bargain itself, but the incentives to make lots of 'suboptimal' deals. I've seen similar, recent arguments about whether #MeToo perpetrators should be allowed to settle with victims, because of our public interest in identifying attackers.
All things being equal, negotiated resolutions are great. But politics, over-criminalization, career incentives, and budget pressure swamp any real negotiating power by defendants. No one wants to kill any individual's deal. But the deals are the best way to 'see' the effect of the system's incentives.
[1] https://www.jstor.org/stable/4093405?seq=1#page_scan_tab_con...