Punishment Without Trial: Why Plea Bargaining Is a Bad Deal

Punishment Without Trial: Why Plea Bargaining Is a Bad Deal, by University of North Carolina law professor Carissa Byrne Hessick, explores how plea bargaining prevents true criminal justice reform and offers innovative reforms to fix it.

Format: Paperback / softback
Length: 288 pages
Publication date: 27 October 2022
Publisher: Abrams

The criminal justice system in America is often portrayed as a fair and impartial system that ensures the right to a trial by jury for all defendants. However, Punishment Without Trial, a book by University of North Carolina law professor Carissa Byrne Hessick, challenges this notion and argues that plea bargaining has undermined the integrity of the justice system.

Plea bargaining, which began during Prohibition and has since become prevalent, has led to the erosion of the right to a trial by jury. According to Hessick, the Supreme Court's affirmation of plea bargaining as constitutional in 1971 has contributed to its widespread use. Nearly every aspect of the criminal justice system encourages defendants, regardless of their guilt or innocence, to enter into plea agreements.

One of the primary concerns with plea bargaining is that it forces lawyers, judges, and defendants to make decisions that may not be in their best interests. Plea agreements are often negotiated in exchange for reduced sentences or probation, which can result in shorter jail terms and fewer financial penalties. However, this can lead to the injustice of innocent people being convicted or sentenced to excessive penalties, as they may be pressured into accepting deals that are not in their best interests.

Plea bargaining also creates a system of mass incarceration that disproportionately affects certain groups of people. According to Hessick, people of color, low-income individuals, and people with mental health issues are more likely to enter into plea agreements than their white, wealthy counterparts. This is due to a variety of factors, including systemic racism, poverty, and lack of access to legal representation.

Hessick makes a compelling argument against plea bargaining and presents an innovative set of reforms for how to fix the justice system. She suggests that the use of jury trials should be increased, particularly for serious crimes, to ensure that defendants receive the fair trial they deserve. She also advocates for the reform of the sentencing system, which should focus on rehabilitation and reintegration rather than solely on punishment.

In addition, Hessick suggests that the legal profession should play a greater role in promoting justice and fairness. Lawyers should be trained to advocate for their clients' rights and to work towards achieving the best possible outcome for their clients. They should also be encouraged to challenge plea agreements that are not in their clients' best interests.

Punishment Without Trial is an impassioned and urgent argument about the future of criminal justice reform. It highlights the flaws in the current system and provides a roadmap for how to create a more just and equitable system. This book is a must-read for anyone interested in criminal justice reform and the fight against mass incarceration.

Dimension: 210 x 140 (mm)
ISBN-13: 9781419750304