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The Plea Bargain - Coggle Diagram
The Plea Bargain
In the prosecutor's hands
In 2013 more than 97% of cases were plea bargains
Defense lacks information and is dictated to by the prosecution
Prosecutors bring heavy charges to influence guilty pleas
Little to no oversight from judges/juries
mandatory minimums killed trials
3% went to trial in 2010
Pleas do not follow any standards of proof or evidence
Jefferson's fears of tyranny
Rigged
System denies constitutional rights
Little to no review
Secret, behind closed doors
Pressure to plea
Innocent defendants feel compelled to plead guilty
Alternatives
Texas and NC allow require evidence to be shared prior to plea deals
Philly using bench trials
Unique to the American judicial system
Most countries viewed plea bargaining as a "devil's pact"
Supreme Court
1969: Constitutionally acceptable