Are plea bargains coercive?

Not surprisingly, the virtually unbridled use of coercion in plea bargaining regularly produces false convictions. For obvious reasons, it is impossible to quantify the rate of false guilty pleas in America’s plea‐​driven criminal justice system, but there are plenty of suggestive data points.

Why would a plea bargain be acceptable to an innocent defendant?

For a defendant in a criminal case, plea bargaining provides the opportunity for a more lenient sentence than if convicted at trial, and to have fewer (or less serious) offenses listed on a criminal record. There’s also the natural tendency to want to trade risk for certainty.

What does no plea deal mean?

Pleading no contest (sometimes called nolo contendere) in a California criminal proceeding means that the defendant agrees to accept a conviction for the crime(s). In California, a no contest plea generally has the same legal effect as a guilty plea, but with one exception.

Can lawyers use coercion?

Lawyers can exercise coercive power in a variety of ways. They may threaten to resign when clients do not conform to their advice. Threatening a revelation typically forces the client to act as the lawyer wishes.

Does guilty plea mean conviction?

A guilty plea results in conviction. By pleading guilty, the defendant admits to all elements of the crimes to which he is pleading. Likewise, the defendant admits that all material facts alleged in the charges are true. Therefore, a guilty plea serves as an adjudication on the merits of a case.

Do innocent people take plea bargains?

According to researchers at the University of Michigan’s Law School, many innocent people take plea bargains. Sometimes people take plea deals out of fear of the worst possible outcome. Given the reality of the current injustice system, it’s not hard to believe that innocent people can get found guilty in a court of law.

Can a plea of involuntary coercion be invalid?

There are other cases, which may not be considered coercion, that still constitute an involuntary plea. If the prosecution holds off on showing evidence that would exonerate the defendant, for instance, then the plea the defendant makes may be invalid.

Can a plea deal be invalid?

If the prosecution holds off on showing evidence that would exonerate the defendant, for instance, then the plea the defendant makes may be invalid. Additionally, if a defendant fears that the judge will act harshly towards them if they don’t accept a plea deal that the judge helped create, it could also be considered an involuntary plea.

When does coercion take place in a criminal case?

Whenever a defendant or someone they know is threatened in order to elicit a plea, coercion has taken place. Coercion also occurs if the defendant is given false promises in order to get him to take the plea. There are several cases when these instances may occur: