alt Hacker NewsYou're conflating "plea bargains exist" with "innocent people are systematically coerced into false confessions."
The vast majority of plea bargains involve people who are, in fact, guilty and are receiving a reduced sentence for saving the court's time and showing contrition. That's not a perverse incentive, it's a reasonable tradeoff that benefits both the defendant and society.
Yes, edge cases exist where innocent people feel pressure to plead. But the existence of edge cases doesn't prove the system is fundamentally unjust, it proves the system is imperfect, which no one disputes.
Regarding parole: maintaining innocence after you've been convicted and exhausted your appeals isn't "defending yourself"; at that point, you've had your defence. The parole board's job is to assess rehabilitation, and refusing to acknowledge your crime is evidence you haven't been rehabilitated. If you genuinely didn't do it, your remedy is post-conviction relief, not parole.
The burden is on those claiming systemic injustice to show that false guilty pleas are the norm rather than the exception. "98% plea bargain rate" doesn't demonstrate that.
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I realize that "duress" probably has a specific legal definition, but colloquially speaking all plea bargains are made under duress. If I (a private citizen) kidnapped you, locked you in a cage and told you that I would continue to hold you captive if you didn't agree to my terms, no one would mistake that for a free or fair negotiation.
> If you take a plea deal because you were convinced you'd be prosecuted otherwise, well, that also sucks
You are completely sidestepping the thrust of the grandparent commenter’s comment, which is that the cost of defending yourself from prosecution is prohibitively expensive and punitive in the sense that the outcome is worse than negotiating a plea deal.
> if you took one under duress, then that would be why the higher courts exist, to invalidate your guilty plea when taken under duress.
In this hypothetical the accused doesn’t have the money to pay for a lawyer; they aren’t going to be beating the case on an appeal.
> The burden
You're defending zealously enough, and introducing so many variables yourself, that you have burden of proof too. Show some numbers for "vast majority" and "edge case".
>In the eyes of the law, if you have been found guilty "you are guilty".
Yes but this is just another way to describe the problem, invoking it as a justification becomes tautological.
The patent office has a similar issue where they tend to consider prior work to be just what they see in other patents so the first person to patent is declared to be the first person to express the idea. To turn that view from the default position takes a lot of resources.
Laws should be unambiguous, but they shouldn't achieve this simply by defining the resolution of the ambiguity to be different from reality.
> The vast majority of plea bargains involve people who are, in fact, guilty and are receiving a reduced sentence for saving the court's time and showing contrition. That's not a perverse incentive, it's a reasonable tradeoff that benefits both the defendant and society.
What proof do you have of this? Estimates I’ve read range from 2-25% of people who accept plea bargains are innocent.
And what recent age of innocent people is it acceptable to send to jail via coercive plea bargains to ensure no guilty people go free?