Damned if You Do, Damned If You Don’t: Mass Incarceration and the Trial Penalty
Damned if You Do, Damned If You Don’t:
Mass Incarceration and the Trial Penalty
By Mafatou J. - Criminal Justice Intern
It is established in the Bill of Rights that any person accused of a crime has the right to face a jury of their peers and make their case. Despite this law, more than 90 percent of cases in the criminal justice system are pleaded out, meaning most defendants never receive the chance to exercise their 6th amendment right to a trial by jury. When defendants plead out, they are admitting guilt and avoiding trial in exchange for a lesser sentence and leniency. Plea bargaining has existed for centuries but its legality was solidified by the supreme court in the 1970 case Brady V. United States. There have been many criticisms of plea bargaining, the most significant has been its elevation of mass incarceration. There is such a massive caseload in the criminal justice system, that plea bargaining was intended to speed up the process. However, the unintended co…
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