Suppose that you're The Man in charge of a criminal justice system, and let's pull numbers out of a hat. A trial takes 5 court-days, you have one courtroom, and you've got 100 cases to try this month. What do you do? You can't just let the backlog of cases get longer and longer; the law says you've got to give everybody a "speedy and public trial". Dropping most of the cases would be unsatisfying, and would probably get you kicked out of office by an angry public. Again, what do you do? You look for a third option, or you get replaced with someone who will.
The main thesis of Torture and Plea Bargaining is that plea bargaining became widespread as a quick, easy alternative to increasingly long, expensive jury trials. In order to get people to give up their right to trial, you coerce them with the threat of excessive punishment. And the reason this keeps on happening is because it's a lot easier than major reform.
3. Increase the number of hours judges work. Many work half the day and don't work every working day.
4. Provide the option of night court. Even evening court would make a hell of a difference.
5. Remand more cases to municipal courts, which are less busy.
6. Reduce the number of law enforcement agents.
7. Remove the myriad laws which serve little purpose other than to incarcerate the unlucky.
8. Shall I go on?
There are a ton of solutions, but plea bargain is a very special solution. It allows the prosecutor to pat himself on the back and get wonderful stories about him published in the press. After all, every plea bargain is a conviction and with a 90%+ plea bargain rate, guess who looks like a hero? It really just makes me sick. Nothing will happen until we all begin to believe that there are better solutions and that they are right in front of us.
Throwing resources at the problem is expensive, and runs into budget problems. Reducing the number of police is politically hard to do. Loosening the laws -- or, as your political opponents will inevitably call it, "being soft on crime" -- is similarly difficult.
The most difficult question here is not what we want to change, but how to change it.
If it was easy, it would have been done. The only things in life worth doing are hard.
> The most difficult question here is not what we want to change, but how to change it.
Oh, this one is super simple. The next time you get a parking ticket, speeding ticket, criminal complaint, etc.
Don't check the "guilty" box. Go to court. When the nice prosecutor tells you he'll help you out and waive most of the penalties if you only make a small donation, say "No, thank you. I want a trial." Get your trial. You'll probably lose. And that's fine.
Because if even 10% of us do this ... their entire corrupt system will implode on itself. Assert your rights and the system will revert to the way it was intended to work. No, it's not easy. Yes, it requires personal sacrifice, mostly paid with your time. But it is simple. And it does work.
I haven't pled guilty to any ticket in a very long time.
Number 7 with bells on it! So many laws on the book just waiting to be used against you should you be unlucky. Either enforce them all, all of the time (evenly too, including on the top end of town) or repeal them. If in doubt, repeal them.
The main thesis of Torture and Plea Bargaining is that plea bargaining became widespread as a quick, easy alternative to increasingly long, expensive jury trials. In order to get people to give up their right to trial, you coerce them with the threat of excessive punishment. And the reason this keeps on happening is because it's a lot easier than major reform.