Punishment without trial : why plea bargaining is a bad deal /

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Bibliographic Details
Author / Creator:Hessick, Carissa Byrne, author.
Imprint:New York : Abrams Press, 2021.
©2021
Description:280 pages : illustrations ; 23 cm
Language:English
Subject:
Format: Print Book
URL for this record:http://pi.lib.uchicago.edu/1001/cat/bib/13287439
Hidden Bibliographic Details
ISBN:9781419750298
1419750291
9781419750304
1419750305
Notes:Includes bibliographical references (pages [227]-270) and index.
Summary:When Americans think of the criminal justice system, the image that pops into their minds is a trial. They envision a standard courtroom scene with a defendant, attorneys, a judge, and most importantly, a jury. It's a fair assumption. The right to a trial by jury is enshrined in both the Constitution (Article III, Section 2) and the Bill of Rights (the Sixth Amendment). It's supposed to be an inalienable right that undergirds our entire justice system. But in Punishment Without Trial: Why Plea Bargaining is a Bad Deal, University of North Carolina law professor Carissa Byrne Hessick illustrates that the popular conception of a jury trial couldn't be further from reality. That bedrock constitutional right has all but disappeared thanks to the inexorable march of plea bargaining, which began to take hold during Prohibition and has skyrocketed since 1971, when it was affirmed as constitutional by the Supreme Court. In 2018, more than 97 percent of defendants pleaded guilty. The consequences are dire. Nearly every aspect of our criminal justice system is designed to encourage defendants -- whether they're innocent or guilty -- to take a plea deal. Punishment Without Trial showcases how plea bargaining has undermined justice at every turn and across socioeconomic and racial divides. It forces the hand of lawyers, judges, and defendants, turning our legal system into a ruthlessly efficient mass incarceration machine that is clogging our jails and punishing its citizens because it's the path of least resistance.
Review by Publisher's Weekly Review

University of North Carolina law professor Hessick argues in this impassioned critique of the criminal justice system that the right to a trial by jury has largely disappeared in America. According to Hessick, more the 90% of federal cases that aren't dismissed end in guilty pleas, and the burden falls disproportionately on people of color and the poor, who rely on overworked public defenders and are more likely to take a deal than defendants with higher incomes. In Hessick's view, the current system of "pressure and pleas"--which commits defendants to pretrial detention, offers lighter sentences for guilty pleas, confiscates money and property from those suspected of crimes, and hides shoddy police work from public scrutiny--has "circumvented most every constitutional and political protection against punishment." Her solutions include higher dismissal rates for low-level criminal charges; the offering of alternatives to incarceration, such as drug rehabilitation programs, as part of plea bargains; and the establishment of conviction and sentencing integrity units within prosecutors' offices. Buttressed by copious statistical evidence, harrowing case studies, and in-depth interviews with prosecutors, defense attorneys, and defendants, this is a knowledgeable and persuasive call for change. Agent: Matt Carlini, Javelin. (Oct.)

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Review by Publisher's Weekly Review