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Punishment Without Trial - Why Plea Bargaining is a Bad Deal (Hardcover)
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Punishment Without Trial - Why Plea Bargaining is a Bad Deal (Hardcover)
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From a highly accredited criminal law professor at the University
of North Carolina, a provocative and timely exploration of how plea
bargaining prevents true criminal justice reform and how we can fix
it 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.
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