I’m a criminal defense attorney. If we got rid of the plea bargain then the entire system would grind to a halt. Citizens would spend most of their time sitting on juries. In California (where I am) the most productive reform would be to repeal Prop 115, which basically gutted the institution of the preliminary hearing in felony cases. Prop 115 allowed the introduction of hearsay evidence into preliminary hearings. It was an enormous power grab by the DAs. The best approach to my mind is to re-empower judges to throw out overcharged crimes by repealing Prop 115.
As a plaintiff’s attorney who generally makes more money settling cases than trying them, I’m still not so sure having citizens spending more time on juries would be a bad thing. And if there are so many criminal prosecutions that our courts can’t keep up with it, perhaps that’s a signal that we either have too many crimes or too many criminals, and that one of the problems with plea bargains is that they help sweep both problems under the rug.
Maybe I’m naive, but if plea deals are eliminated I think we can solve the problem of an overburdened court system by drastically reducing the size of the criminal codes and by imposing lengthy prison sentences to reduce recidivism.
How about a quick trial, and summary execution for violent crimes? I can cure the whole criminal justice system in just a few days: If we treat violent criminals as quickly and violently as they dealt their victims crime would evaporate .
Rob a store? on video? Yep, guilty, off to artic version of Rura Penthe....forever. NO appeals, no parole, just disappear.
Harm anyone? You get the same injury or pay for everything as long as victim needs it.
Kill someone?
Dead the next day after breakfast. Next!
Maybe that reflects another problem where too many things are criminalized?
The problem is overcriminalization. There are so many criminal laws on the books that every single American living has probably committed some felony and didn't even know it.
Rather than getting rid of plea deals, get rid of criminal laws in area that the government has no business legislating in.
We don't need a specific felony offense for the theft of pine needles.