Plea negotiation is rife with due process concerns, including a
heightened risk of coerced pleas, ignoring mens rea, serious
questions about assistance of counsel, limited discovery and little
litigation of the evidence, the conviction of innocent defendants
and significant questions about fairness and equity. Plea
negotiation is also the fast track to criminal conviction, tough
punishment, and mass incarceration. From the perspective of public
policy, plea negotiation perpetuates a harm based, retribution
focused system of crime and punishment. Because of the failures of
public health, the justice system has become a dumping ground for
hundreds of thousands of mentally ill, substance addicted and
abusing, and neurocognitively impaired offenders. And because of a
tough on crime mentality and lack of information and options, the
justice system routinely prosecutes and punishes these offenders.
The evidence is quite clear that punishment does nothing to improve
these circumstances and often exacerbates them. The result, as one
would predict, is extraordinarily high rates of reoffending,
propelling the revolving door of the justice system. Confronting
Underground Justice takes a close look at plea negotiation,
criminal prosecution, public defense, and pretrial justice systems
and identifies a wide variety of problems and concerns with each.
William R. Kelly and Robert Pitman provide key decision makers with
the tools to make better, more informed decisions regarding
pre-trial detention, prosecution and plea deals, criminal defense,
and diversion to treatment. Critical to this effort is redefining
roles, responsibilities and the culture of criminal justice by
prosecutors, judges and defense counsel accepting responsibility
for reducing recidivism and embracing problem solving as a primary
decision making strategy. Kelly and Pitman combine decades of
academic research and policy expertise, with real world experience
in the court system, as a judge and prosecutor to develop
innovative and comprehensive reform. Confronting Underground
Justice provides a prescriptive roadmap for how to fundamentally
reinvent plea negotiation, pre-trial decision making, criminal
prosecution and public defense to effectively reduce recidivism and
save money.
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