The criminal justice system is built on the idea that people are presumed innocent until proven guilty, with the goal of ensuring a fair trial. However, a practice known as plea bargaining — where a defendant agrees to plead guilty in exchange for a reduced sentence or other concessions — has become a cornerstone of modern legal proceedings.
Plea bargains are often leveraged by Prosecutors to help them quickly resolve cases and prevent trials, as they tend to be costly. It also helps courts get through already overloaded dockets.
Overloaded dockets can be exacerbated by the charging of prosecutors to create the need for additional judge seats, but that’s neither here nor there for the purposes of this post.
Many prosecutors purposely stack charges and enhancements. It gives them “wiggle room” to entice individuals to take a plea bargain. It allows them to still get their conviction. The number of cleared cases and convictions a prosecutor receives is typically connected to the funding their office will receive.
Which, is an interesting number to watch: is crime increasing or decreasing under a prosecutor? That’s what should be rewarded through funding.
While plea deals can be a legitimate way to resolve cases efficiently, there’s a darker side to this practice: sham plea bargaining. This insidious tactic can present itself in a few different ways, such as a Prosecutor claiming they’ll do one thing but refusing entirely to put it in writing, a police officer promising leniency when they have zero power or influence on a Prosecutor’s future charges or ultimately, offer.
It’s incredibly deceptive and leads to unfair outcomes. It also undermines the principles of justice the legal system is supposed to uphold.
So let’s take a closer look at what sham plea bargaining is, how it works, and the harmful effects on defendants and the legal system as a whole.
What is Sham Plea Bargaining?
Sham plea bargaining occurs when the pretrial bargaining process is manipulated or abused by prosecutors or law enforcement to coerce a defendant into pleading guilty to a crime they didn’t commit or to accept a deal that is far harsher than what is justified by the facts of the case.
It’s an outright misuse of the plea bargaining system, where the intention behind the plea deal is not to fairly resolve the case and often intimidates the defendant into accepting an unfair resolution.
How Sham Plea Bargaining Works
Sham plea bargaining can manifest in various forms, but here are some common tactics:
- Coercion and Threats: Prosecutors or law enforcement may pressure defendants, particularly those who are vulnerable or lack legal representation, into accepting a plea deal by threatening much harsher consequences if the case goes to trial. For example, they may promise a relatively light sentence if the defendant pleads guilty, but then threaten to pursue severe charges (such as life imprisonment) if the defendant dares to go to trial. The defendant, in fear of a lengthy or disproportionate sentence, agrees to the plea deal — even though they may be innocent.
- False Representation of Evidence: In some cases, the prosecution might misrepresent the strength of the evidence or the likelihood of conviction in order to pressure the defendant into accepting a plea. They may exaggerate the chances of a conviction in trial to make the defendant feel like pleading guilty is the only option, even when the evidence against them is weak or circumstantial.
- Misleading Offers: Sometimes, prosecutors will offer a plea deal that sounds better than it is. For example, they may offer a reduced sentence for a lesser charge, but the offer is not truly favorable in comparison to what a trial might bring. The defendant might accept the deal thinking they’re getting leniency, but in reality, they’re being coerced into a plea that is far worse than what could be achieved in court. In multiple cases out of Barry County, an Assistant Prosecutor pretended there was no plea deal at all, even though a paper trail existed and proved otherwise.
- Suppressing Exculpatory Evidence: In some extreme cases, prosecutors may engage in what is called a Brady Violation. This is when the Prosecution withholds evidence that could exonerate the defendant, knowing that the defendant is more likely to take a plea deal if they don’t have access to critical information. It’s incredibly unethical and illegal, but it has happened in various instances across the country.
- Overcharging: Another tactic used in sham plea bargaining is overcharging a defendant. This happens when they are charged with multiple crimes or excessive charges that they could possibly beat at trial. The Prosecutor, having all of the power in the situation, unfairly charges knowing they’ll knock a charge down or off entirely to entice the other side into a deal.
Sham Plea Bargaining is Dangerous
While plea bargaining is intended to be a practical way to resolve cases and ease the burden on courts, sham plea bargaining poses significant risks to both the accused and the justice system as a whole. Here’s why it’s so dangerous:
1. Wrongful Convictions
The most obvious danger of sham plea bargaining is that it can lead to wrongful convictions. Defendants may plead guilty to crimes they didn’t commit simply because they fear the consequences of going to jail or prison, leading to unjust sentences and hands down, life-altering consequences.
2. Unequal Access to Justice
Sham plea bargaining disproportionately impacts defendants who lack access to competent legal representation. Those who are indigent or unable to afford experienced attorneys are usually forced into accepting plea deals, even when it may not be in their best interest, just to cut costs. Public defenders are often overworked and underfunded, may not have the time or resources to mount an adequate defense, leaving defendants vulnerable to coercion.
3. Erosion of Trust in the Legal System
With defendants coerced into pleading guilty, it rightfully undermines the public’s faith in the justice system. The idea that defendants might be pushed to make false confessions or accept unjust terms for the sake of expediency erodes trust in the fairness and integrity of legal processes. This can make the public more skeptical of the outcomes of criminal cases, especially in cases involving serious charges.
4. Innocent People Go to Jail
A major consequence of sham plea bargaining is that innocent people may end up in jail or prison. Many defendants accept plea deals because they feel they have no other choice. They’re backed into the wall. They may fear long sentences if convicted at trial or are misled into thinking that pleading guilty is the best way out, not knowing that there are collateral consequences on the other side. Ultimately, it results in convictions not based on the truth, but based on just wanting to make sure they get home to their children or loved ones, and go back to having a life.
5. Long-Term Consequences for Defendants
For those who are pressured into taking a plea deal, the long-term consequences can be absolutely haunting. Even after serving time, the conviction will likely follow them for the rest of their lives. It impacts one’s ability to get a job, pursue higher education, or maintain relationships. The emotional toll is immense, having lasting effects on a person’s mental health and well-being.
What Can Be Done?
While the practice of sham plea bargaining is deeply ingrained in the criminal justice system, there are steps that can be taken to curb it:
- Increased Transparency: More transparency in the plea bargaining process can help to ensure that all parties are aware of the terms and consequences of any deals being made. This includes ensuring that defendants understand their rights and options, and that they are not coerced into accepting deals out of fear or misinformation. Better reporting and data, and even access to courts can shed light on how Prosecutors operate and behave, ensuring accountability to the public.
- Better Legal Representation: Providing defendants with access to competent, well-resourced legal defense is crucial in preventing sham plea bargaining. When defendants have qualified attorneys who will advocate for their rights and fight for them, they are less likely to be pushed into unfair deals.
- Reforms to the Plea Bargaining System: Some jurisdictions have already taken important steps in implementing plea bargaining reforms, such as limiting the use of deals for certain types of offenses, utilizing diversion programs, and mandating more judicial oversight.
- Accountability for Prosecutors: Holding prosecutors accountable for unethical, life ruining behavior, such as bullying defendants or withholding evidence, is critical in reducing the occurrence of sham plea bargaining. Proper oversight and transparency can oust misconduct and help restore fairness to the system.
Conclusion
Sham plea bargaining is a dangerous and often hidden practice undermining the shreds of fairness left in the criminal justice system. When plea deals are misused or manipulated, it often results in wrongful convictions, unequal access to justice, and lasting harm to individuals and communities.
If you or someone you know is battling it out in the criminal justice system, it’s important to understand the risks associated with plea bargaining, and ensure that any agreements made are not only based on a true understanding of the evidence, the law, and the potential consequences, but PROPERLY DOCUMENTED.
By implementing reforms and greater prosecutorial accountability, we can work towards a more just and fair legal system for all.
