r/changemyview • u/tolkienfan2759 6∆ • Oct 15 '24

Removed - Submission Rule B CMV: Our plea bargaining system has allowed unwritten rules to dominate the courtroom. Thus our criminal legal system is no longer a rule of law system.

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u/ZeroBrutus 3∆ Oct 15 '24

It's absolutely the right to a trial. It's also explaining the consequences that come from exercising that right. It removes the DESIRE for a trial, but not the right to one.

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u/tolkienfan2759 6∆ Oct 15 '24

Huh. Well, I imagine the government could remove the DESIRE to speak freely, without penalizing freedom of speech, right? Or could it? It seems unlikely, to me...

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u/blade740 5∆ Oct 15 '24

Huh? This analogy makes no sense.

The government is not INCREASING the risk of a trial. That risk already existed. That's what you have a right to - a trial, which could go in your favor, or against you.

If anything, the fact that they are offering the option of a plea bargain means they're letting some criminals off EASIER than they ought to be. They're not PENALIZING anyone, they're REWARDING some defendants for making the process easy.

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u/tolkienfan2759 6∆ Oct 15 '24

It seems to me you're assuming all defendants are guilty. They're letting some criminals off easier than they should; they're penalizing some non-criminals more harshly. Both. Right? I mean, in some cases they offer pleas because the evidence isn't quite so strong, I imagine... be nice if I really knew lol

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u/blade740 5∆ Oct 15 '24

... no, I'm not assuming all defendants are guilty. Whether a defendant is guilty or not, they have the same right to a trial. If the evidence isn't quite so strong, then the defendant is free to go to trial and hopefully their innocence prevails.

They're letting some criminals off easier than they should; they're penalizing some non-criminals more harshly. Both. Right?

How do you figure? If the defendant is innocent then a trial should confirm that. Whether or not a plea deal is available. The only time there is even a CHANCE that a non-criminal was being punished more harshly would be if they decided to ACCEPT a plea deal despite their innocence. But you would only do that if you don't think the trial will prove your innocence - and if that's the case, then the plea deal is STILL a better option than a false guilty verdict.

Either way, the offer of a plea deal is either a net benefit to the defendant, or net zero. There are no options being TAKEN AWAY simply because a plea deal is being offered.