Pre-Employ Blog

Do Prosecutors Have too Much Power to Plea Bargain?

Posted by admin on May 05, 2015

In Bob Mather's role as CEO, he oversees a company that retrieves millions of criminal records from our justice system and reports them (with permission from the job applicant to employers). 

Prior to founding Pre-employ.com, he spent approximately 15 years prosecuting embezzlement cases as an internal investigator and then private investigator. During this time he helped prosecute thousands of individuals for theft or workplace violence related offenses. tips_the_scales_of_Justice

This allowed him to work closely with the investigative arm of law enforcement, as well as the prosecutorial divisions of the government. Over the years, he came to the same conclusion on both law enforcement as well as district attorneys (prosecutors). That is, most are fantastic servants of the public and a few are not the best or downright crooked.

He has witnessed what would now be described as police brutality as well as overreaching district attorneys who used their power to drive convictions regardless of facts.

This weekend he read a thought provoking Op-Ed piece written by Fareed Zakaria in the Washington post about the rights of the accused in the criminal justice system.

While he does not particularly Favor the views of Fareed on the issue of incarceration in America, he was however, interested in the history of the plea bargain and its use in our system since the 1970’s.

Fareed wrote: Prosecutors win 95 percent of their cases, 90 percent of them without ever having to go to trial, says Black, noting that the overall conviction rate is 60 percent in Canada and about 50 percent in Britain. Are American prosecutors that much better? No, Black insists, it is because of the plea bargain, a system of bullying and intimidation by government lawyers for which they “would be disbarred in most other serious countries, [and which] enables prosecutors to threaten everyone around the target with indictment if they don’t miraculously recall, under careful government coaching, inculpatory evidence.”

Thought provoking for sure, but taking this power away from prosecutors now would be quite a tough legislative hurdle. We are curious to hear what are your thoughts?

The complete article is available here: http://fareedzakaria.com/2015/05/01/what-happened-to-the-rights-of-the-accused-in-america/

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Here is some educational material for your research.

5 Inmates Sue Beer/Wine Companies for One Billion Dollars!

All About the Mugshot

 

Topics: Plea Bargain, Prosecutor, Judicial Misconduct

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