Freedom and Justice for All
The Bill of rights protects certain liberties that are fundamental to many Americans. Among these rights is the 6th amendment : right to a jury by trial, however; due to the hasty nature of the current judicial system more than 90% of all criminal cases end in a plea deal, with the defendant never being granted the opportunity to get a trial by a jury of his/her peers. The current policy on plea bargaining is as follows:
The defendant is aware that 18 U.S.C. § 3742 affords a defendant the right to appeal the sentence imposed. Acknowledging all this, the defendant knowingly waives the right to appeal any sentence within the maximum provided in the statute(s) of conviction (or the manner in which that sentence was determined) on the grounds set forth in 18 U.S.C. § 3742 or on any ground whatever, in exchange for the concessions made by the United States in this plea agreement. The defendant also waives his right to challenge his sentence or the manner in which it was determined in any collateral attack, including but not limited to a motion brought under 28 U.S.C. § 2255
Plea Bargaining is unjust because an innocent defendant is intimidated into pleading guilty to a lesser charge in order to avoid the risk that he or she will be found guilty at trial, it jeopardizes the constitutional rights of defendants, who may be pressured to admit their guilt whether they are guilty or not. Plea bargaining is a Justice System scapegoat used to “resolve” a case quickly.
Plea deals are unreasonable and must be changed in order to punish the guilty to the fullest extent of the law and to protect the innocent.
In order to change a policy one must first fully understand it. According to, The legal information institute(LIN) ,an online law database ran by Cornell Universaty Law school, “A Plea bargaining is the process by which the prosecution and the defense negotiate charging and sentencing concessions in...