LC-19 · State power

Plea-bargain leverage

The trial penalty

In ordinary words

Prosecutors can stack charges so the sentence after trial is many times the sentence offered for a guilty plea. The vast majority of convictions never see a jury.

Why people call it a crime

People call it coercion: plead guilty or risk a decade. The Supreme Court has called it a concession, not an unconstitutional burden.

A scene, not a hypothetical statute

The offer is two years. The trial exposure, if every count runs consecutive, is twenty. The defendant swears they did not do it and pleads anyway. The docket closes.

Where it stops being legal

Pleas induced by threats of harm outside the case, fabricated evidence, or a failure to disclose exculpatory material under Brady v. Maryland can be withdrawn. Selective prosecution based on race remains unconstitutional, though hard to prove.

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