Plea and Charge Bargaining

  • From “Plea and Charge Bargaining” What are the summary findings of the study of Federal Plea Bargains?  What are the Policy Implications?
  • Given that there are hundreds of thousands of arrests in NYC every year, is it reasonable to completely do away with plea bargains?  If everyone got “their day in court” what might happen?
  • Do you believe that prosecutors have too much discretion and that defendants incur a “trial penalty”?  How might this be made more fair?
  • How does plea bargaining contribute to both excessive convictions and wrongful convictions as well as criminals escaping justice for serious crimes that injure members of society.  Can we reconcile this contradiction under the existing system?

What changed in New York’s criminal procedure law in 2020 and why?  Why was the former system considered unfair?

Read the following article about Bail reform https://www.brennancenter.org/our-work/analysis-opinion/new-yorks-latest-bail-law-changes-explained  what was changed under the law and what crimes are now eligible for bail?

Discuss this article including the effects of crime on politics, who has ultimate control over crime policy, and whether you think this trend if crime being a major political issue for voters will increase in future elections.