• ChrisLicht@lemm.ee
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    1 year ago

    I’m not sure that attacking the idea of the plea itself is right. Plea deals are useful in a well-run juridical model.

    Instead, prosecutors should be barred from overcharging as a form of coercion, which is plainly what they often do today. Some combo of state legislators, the state supreme courts, and the ABA should create guardrails for charging decisions.

    Finally, as I understand its history, the broad use of overcharging is a fairly recent development that arose because other parts of our system broke down or were overwhelmed, often because of underfunding and/or political expedience.