alt Hacker News> For those who get arrested due to colorimetric testing, “over 90% of people are taking a plea deal because they can’t afford to remain in jail and wait six months for laboratory tests,” Walsh said.
This touches on a question to which I'd love to know the answer: what would happen if those charged with crimes could not waive their right to a speedy trial and plea deals were disallowed?
For the accused: those with low resources would go to trial with less time to mount a defense. Disallowing plea deals would remove the possibility of coercing lower-severity conviction pleas.
For the prosecutor: less time to mount a prosecution.
Benefits to courts and jails: much cleaner and more open dockets, jails cleared out much quicker.
Presumably this would lead to more rational charges - fewer charges and charges that were higher priority and easier to prove.
In the short term, prosecutors would have no choice but to drop a huge number of charges as they would be overwhelmed.
EDIT: here's an interesting data point where it looks like NYC passed a law that required prosecutors to have all evidence ready prior to the speedy trial date. It seems like it drove a lot of dismissals of low level stuff:
https://datacollaborativeforjustice.org/wp-content/uploads/2...
Replies
Another thing that enables the plea bargain system is the existence of bail, which has long been criticized for being a pay-to-win scheme baking inequality into the legal system. It's also seen by other parts of the world as bizarre.
You just...don't hold people before their court date if they're unlikely to harm other people. If they can be released on bail, there's no reason they shouldn't be without the grift.
Cynical outcome: the system can't handle the case load and instead of scaling, it just refuses to adjudicate any dispute that doesn't involve a noble. Justice between commoners is effectively abandoned as a duty by the state, and left to vigilantism.
Plea deals were illegal for the majority of America's history.
You could help fix this problem by removing the 'trial' tax. Currently you receive a much lower sentence if you take the plea. If a punishment is truly fair based on the crime the sentence should be required by law to be the same in both cases.
Waiving rights is weird. It’s well understood that you can’t waive your right not to be a slave, for example. Why should you be able to waive any right? The 6th amendment doesn’t say “unless the accused doesn’t want it.”
It's obviously a problem with efficiency, resources and incentives. Earlier court dates is reshuffling deck chairs on the titanic, basically after the ship sank.
Since the problem is about labs and technology, and that the state labs declared themselves too busy to do justice, the solution is to provide accountability for those decision-makers. Just to reinforce: the reporter read the label on these field drug tests police were using to charge crimes, and ascertained that they were unfit for this use; yet the state lab which should have been broadcasting this information to the police, not only failed, but refused to test the same articles for months and months, until the case was literally at trial. I know it wouldn't make good press, but this story should be "labs, labs, labs, what in the world is wrong with state labs". You can't fix it with new laws, you need better people in charge of these labs.