Plea Bargain vs Trial by Jury
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Started by wglassfo - May 17, 2021, 1:08 p.m.

97 % of all convictions in Federal court end up with a plea bargain

State convictions are also very similar

Now we all know that if you did the crime you do the time

What you may not know or suspect, the reason why so many do not go to a jury trial is due to a crowded court schedule. Most of the plea bargaining is done because the court system simply can not handle an increase in trial by jury. The time, facilities available, people to work the system and much more makes it  necessary to offer a plea bargain and clear the decks so to speak 

So the next time you read about a murder or rapist, chances are the accused person was offered a plea bargain. So: If you did the crime and the DA office does not want the headlines for a crime busting story, chances are you will get a plea bargain which boils down to the two lawyers and their skill before a judge with no jury or witnesses present. Then you decide if your lawyer did his/her job or you want trial by jury

Now put yourself in the shoes of the accused. 1st the DA will go before a grand jury and get a guilty verdict. The accused has no voice, in such a situation and most lawyers claim, rather off the cuff, they could get a grand jury to vote guilty for a ham sandwich or words to that effect. A grand jury does not even have to vote in unison, just majority vote will result in a guilty charge

So now you have a grand jury that decided you "might" have committed the crime but you know you are innocent You have already spent 6 months in jail due to an inability to post the bond and are offered a one time plea bargain of 3 - 6 yrs in prison. But if a jury convicts you, then the penalty is 15-30 and most judges like to use the maximum sentence allowed as a warning to others who may commit a crime. The penalty will be severe

So what do you do. You are innocent but the witnesses are rock solid, even though they are mistaken, that may be almost impossible to prove. Your alibi stinks as you were home alone and can't even remember what TV shows you watched as you were probably 1/2 stoned  on the couch. You have a rap sheet for petty shop lifting and had a physical fight with your ex, which resulted in no charges but is on record. Your ex  will testify about your violent temper

If you plead guilty you are up  for a parole hearing in 2 1/2 yrs considering you have already served 6 months. You might get an early parole hearing if the jail is over crowed. On the other hand you have a good chance of a jury coming in with a guilty verdict and then the judge will likely use the 25-30 sentence depending on if his breakfast resulted in excessive gastric problems from an ulcer that is causing a foul mood today. You just don't know all the twists and turns that could work against you

So: Do you plead guilty or take the chance of 25 yrs in jail. Does the color of your skin have any bearing on your choice. Can you afford a million to plead your case before a jury.

 What else enters your thought process??

Is the plea bargain system fair?? Does todays plea bargaining resemble in any way what the country started, as the vison of trial by one's peers. 

Has the justice system became some thing cruel and unforgiving for multiple reasons for so many people. Maybe the accused person was not stoned and the witnesses are prostitutes or dope users.. Does that change your mind

Is an over worked court appointed lawyer with little chance to really know your name let alone your reason to be in jail, in any way fair to those who can afford a million dollars in defense lawyers.

Could you afford a million to plead your case before a jury?? What if you have a budget. The lowest cost lawyer you can find is 30,00 just to get past the grand jury. You still need 100,000 for a jury trial.

I ask you what has happened to have the highest % of the population in jail. Perhaps other countries execute more prisoners, depending on jail space.  Just joking but a serious discussion is needed IMHO

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By metmike - May 17, 2021, 1:30 p.m.
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Thanks Wayne!

Great topic.