tag:blogger.com,1999:blog-1969281918175291060.post4569103061689792797..comments2023-10-30T01:29:52.015-07:00Comments on Homeless Tom: the Unraveling of American Justice: Plea bargainingAnonymoushttp://www.blogger.com/profile/13718601770472939313noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-1969281918175291060.post-18070594551872921162008-11-10T10:28:00.000-08:002008-11-10T10:28:00.000-08:00Great post. I kept thinking while reading this pos...Great post. I kept thinking while reading this post of the unfair and lopsided convictions of minorities in this country. <BR/><BR/>I agree that we must fund our justice system to whatever needed to have the fairest system possible. I also think that we need to stop requiring some judges run for office. <BR/><BR/>It flirts too much with politics and buying a judgeship. Better in my mind to rely upon those experienced to appoint those whom they deem (upon their experience) as qualified. This said, there are still plenty of judges who are corrupt and unqualified. <BR/><BR/>I think that too often in our society we just assume that all judges are perfect and always out to do the right thing. I wish it were so.They call him James Urehttps://www.blogger.com/profile/05171585857015973860noreply@blogger.comtag:blogger.com,1999:blog-1969281918175291060.post-8118889306986601582008-11-08T09:25:00.000-08:002008-11-08T09:25:00.000-08:00Nagarjuna/Steve,For starters, the "justice" system...Nagarjuna/Steve,<BR/><BR/>For starters, the "justice" system has to lead to justice -- no matter if the cost getting there is rather high. Otherwise, we will be continuing a system where innocent people intentionally plead guilty because that is their best risk and sentencing is a game of vast inequities rather than an effort to do what is most right.<BR/><BR/>What we cannot allow to continue is the circumstance where invoking one's constitutional right exacts a huge penalty. There needs to be <B>NO penalty whatsoever</B>. I mean, it is outrageous what's going on now.<BR/><BR/>One short-term "fix," as we work our way out of what happens now, might be to cap sentencing for a tried conviction to twice what is offered in a plea bargain. We also need semi-determinant sentencing such that a person charged has a grasp of what his penalty will be, were he to be tried and convicted, well before the plea bargaining dance begins. Also, plea bargaining needs to include the defendant and include a semi-complete revealing of evidence so that both the defendant and the public are getting better justice.<BR/><BR/>The above are some of my thoughts. But, truly, I think we should skuttle plea bargaining altogether and return fully to a justice system that is obligated to prove defendants' guilt and exact justice. As things are now, it is all a lawyers' gameshow unrelated to doing the right thing.Anonymoushttps://www.blogger.com/profile/13718601770472939313noreply@blogger.comtag:blogger.com,1999:blog-1969281918175291060.post-80210408770875813642008-11-08T08:33:00.000-08:002008-11-08T08:33:00.000-08:00Tom-- If I were in your situation, I'm sure I'd be...Tom-- <BR/>If I were in your situation, I'm sure I'd be just as frustrated and dismayed by the basic unfairness and injustice of the so-called "justice" system and by its over-reliance on plea bargaining as you are. But what I wonder is how, especially in an age of shrinking budgets, things could be improved. <BR/><BR/>How can the state afford countless more prosecutors and public defenders, judges, bailiffs, court reporters, juries, courtrooms, and other resources necessary to accommodate vastly more defendants taking their cases to trial?<BR/><BR/>I agree with you that everyone charged with a crime, especially a felony, should be able to exercise his Constitutional right to a trial by jury or judge without fear of retribution if he loses. He should also be able to receive representation by an attorney he trusts and with whom he has rapport. And even if he's committed the acts in question, context and motive should be taken into greater account when deliberating a verdict or imposing a sentence.<BR/><BR/>But how would you suggest that all of this be done?Stevehttps://www.blogger.com/profile/02549770321948541384noreply@blogger.com