The Iraq Incident

Wednesday, March 7, 2012

Plea Bargains: Against

Additionally, both because plea bargaining makes the prosecution of poor and minority defendants less expensive than the prosecution of wealthy and white defendants, and because differential subjective evaluation of the criminal justice system by minority defendants as compared to similarly situated white defendants tends to be more pessimistic, Black defendants fare worse in the plea bargaining system than do white defendants, which drives up prison differentials. Thus, the purpose of this paper is to link the extensive literatures on prison population and stratification with the literature on plea bargaining to provide a sociological model of plea bargaining. 

Douglas Savistsky J.D., Ph.D., 2009/2010, “Is Plea Bargaining a Rational Choice? Plea Bargaining as an Engine of Racial Stratification and Overcrowding in the United States Prison System” 

What Douglas Savistsky understands about the legal System in the United States is that prosecutors are inclined to be pick up because poor and minority defendants are cheaper and easier cases to prosecute, thus prosecutors are  more likely to pursue these kinds of cases The prosecution of white rich defendants are hardly attacked aggressively because of the amount of wealth that certain demographics have over one another. Thus begins the cycle of racism where poor and minority people are given bad defendants because their cases are viewed as a trap for good defendants so the poor are assigned bad defense lawyers and then a good or bad prosecutor is going to rip apart the defendants case, plea bargains are only a reinforcing of the lack of actual court representation that poor and minorities get. Plea bargains are the worst possible thing for the reputation of the justice system.  

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