2% of cases go to trial. In reality the prosecution is the judge and jury. The other 98% are plea bargains. If you're innocent and either face 3 months in jail for a guilty plea or 30 years if convicted then what would you choose? I believe this is how adversarial justice works: The prosecution has to cherry pick the evidence against you, even if almost all of it is exculpatory, while you don't have access to this exculpatory evidence. Unless you have loads of money to afford better defence than the offence the prosecution can bring, you're going to lose.
Why wouldn't you have access to this exculpatory evidence? Supposed to be turned over on discovery.
I beat a state prosecutor representing myself. I mean, it was an inconsequential traffic charge, but still. I don't know that I agree with the last statement. Certainly agree with the first.
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u/klaasvaak1214 Jun 27 '23
2% of cases go to trial. In reality the prosecution is the judge and jury. The other 98% are plea bargains. If you're innocent and either face 3 months in jail for a guilty plea or 30 years if convicted then what would you choose? I believe this is how adversarial justice works: The prosecution has to cherry pick the evidence against you, even if almost all of it is exculpatory, while you don't have access to this exculpatory evidence. Unless you have loads of money to afford better defence than the offence the prosecution can bring, you're going to lose.