The Iraq Incident

Wednesday, March 7, 2012

Lets Wrap it up: We have to go against it.

Arguments have been made for and against plea bargains, commonly called plea deals, but when everything comes together we're going to have to go against it. As stated plea deals harm minorities and poor people more than any other socioeconomic class in the US. Douglas Savitsky points out that good defendants are more likely to avoid bad cases, which almost a majority of the time consist of someone from a lower socioeconomic class, and what plea deals do to justice, in this instant, is they undermine it. When someone is given a deal, it usually is less than the original deal, the problem is that justice isn't being served. If all persons were given good defendants who actually cared justice would be served, but plea deals avoid this process altogether and force people, whether innocent or not, into a prison situation. Plea deals are the greatest threat to justice that there is. Also, keep in mind that plea deals have not provided justice especially in the Iraq incident, were a commander of a squad allowed for his squad to kill innocent civilians. Ever normal person would agree that a punishment equal to the crime should be distributed. This was not the case and the world was shocked that this soldier was allowed to not have a punishment equal to his crime. But we have to keep in mind some of the arguments that plea deals are good.
When looking at some of the points that plea deals are good we start of at the deterring more than jail time argument. But this holds no weight if we want real justice, allowing someone to avoid a sentence it reifies the faults in the system. While its heartbreaking that families are torn apart the root of the problem lies in the upbringing of the child and that affects the way someone acts in society. The main problem withe increasing crime rates is poverty, we should solve that before even addressing plea deals. But we also have to look the compelling argument that we can information from terrorist by using plea deals. When looking at Nicoles comment that, "The help of captured terrorists does help our country through plea bargaining, but what if the information they give us is false? Are there repercussions for the terrorists who've led our men into an attack? " I agree with her and ask all of you to question this point as well and as Sloan redefined, " On one hand plea bargains are a very useful tool for the U.S. in these types of situations, but as Nicole said what happens if the information given is false? I feel as though this tactic is faulty in some aspects." That really brings this point down, but also what Morgan said truly threw this point away, "You would think that there would be more than the ones you caught and you would also not know what they were specifically going after. This might help us from something getting destroyed that day but, how do you know whats going to happen the next." You as the commentors have taken down this point that I think we can all safely say plea deals are bad. 

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.