Plea Bargaining? Keep it or Get Rid of it?

[Lewkowski]

I can't recall if this has had any real discussion on this topic in this forum. What are your thoughts on plea bargaining? I'm deliberating leaving the poll choices as all or nothing.

[LittleFuzzy]

I can't recall if this has had any real discussion on this topic in this forum. What are your thoughts on plea bargaining? I'm deliberating leaving the poll choices as all or nothing.

Well, it depends on the context of judicio-penal actions in this country. As long as the system is operating in part the way you want it to operate we need plea-bargaining, both to reduce the load on the courts and on the prison system and to mitigate all the individual excesses you love so dearly. Getting rid of plea bargaining will require getting rid of the behaviors which encourage it (including the coercive pressure from prosecutors to cop a plea rather than fighting for an acquittal) like throwing any and every charge one can think at a suspect of in hopes of getting some to stick. You'd have to throw felony-murder almost entirely out the window, for instance.

[Lewkowski]

Well, it depends on the context of judicio-penal actions in this country. As long as the system is operating in part the way you want it to operate we need plea-bargaining, both to reduce the load on the courts and on the prison system and to mitigate all the individual excesses you love so dearly. Getting rid of plea bargaining will require getting rid of the behaviors which encourage it (including the coercive pressure from prosecutors to cop a plea rather than fighting for an acquittal) like throwing any and every charge one can think at a suspect of in hopes of getting some to stick. You'd have to throw felony-murder almost entirely out the window, for instance.

In other words current system: keep plea bargaining.

Potential Fuzzy ideal state: get rid of it?

[LittleFuzzy]

Plea bargaining exists and has developed such a huge role in the current system for a reason. It's a symptom, not the illness. Treating the symptom isn't going to do a damn thing to fix the problem and if plea-bargaining isn't allowed the system will just develop something else which accomplishes the same goals. You need to fix the problems in the system which plea-bargaining is being used to address.

[Timbuk2]

What are those problems?

Why do other western judicial systems operate without plea-bargaining?

[Hazir]

Plea bargaining exists and has developed such a huge role in the current system for a reason. It's a symptom, not the illness. Treating the symptom isn't going to do a damn thing to fix the problem and if plea-bargaining isn't allowed the system will just develop something else which accomplishes the same goals. You need to fix the problems in the system which plea-bargaining is being used to address.

Same question; what is the ill plea bargaining is supposed to heal? Is it the court system not being able to cope? Or is it unrealistic expectations of lawmakers what you can achieve with legislation? Or something entirely different again?