Plea bargaining has become the most common way district attorneys get convictions. Although trials still occur, they are certainly not the norm. This has not always been the case and is a fairly recent development in the history of the justice system. As it has become so common, corruption with the process becomes greater.
Plea bargains are designed to work by the two attorneys getting together and finding common ground, negotiating a more fair and equitable sentence for the defendant in return for a plea. This avoids the time and expense of a trial. Plea bargaining should benefit both sides.
Sadly, that is no longer the case. In most circumstances, the defendants attorney and the district attorney meet behind closed doors, if even at all. Many times, an impersonal email is all the case warrants. One side presents their deal to the other and decisions are made. Typically, the defendant isn’t even made aware that the process is going on until the end.
The issue is that the defendant is left out of the process. Compounding that, the defence attorney and the district attorney are usually very families with each other, if not friends outside of work. The have to work together often so it can be assumed that most have a friendly relationship. Imagine the two people that have a major say in your life out having a beer together before deciding your fate.
Further, the defendant has no say in how the negotiations proceed. When a proposal in brought by the defendant to his lawyer, it is almost always shot down. The defendants lawyer almost always pushes the defendant to accept a deal, and will even try to paint it in a positive light.
The sad truth is that this simply should be illegal. Defendants are forced into taking these plea deals and then are forced into lying on the stand when asked if the deal was made on their own accord.
The spirit of the law in the United States and the State of Oklahoma is that each person is entitled to a fair trial and unbiased by their peers. The plea bargain takes away that option.
We need to do away with plea bargains that are used in cases resulting in sentences of one year or more. This would force more higher profile cases to go to trial if the defendant pleads not guilty. This would not affect those who plead guilty or no contest.
Simply put, this system of justice must change.
