Especially as we are unpacking the past and present reality of who imposes death sentences, a new analysis of the death penalty and plea bargaining realities merits our collective attention. The analysis appears in this new working paper, titled "The Death Penalty and Plea Bargaining to Life Sentences." I discuss the report (and link to other notable posts on the topic) here at my main blog, and in light of our recent classroom discussion I wanted to spotlight one particular passage from the paper:
[Here is an accounting of] the disposition of cases in the sample used in this study. For every 100 suspects arrested by the police and charged with murder, 19 cases were rejected at initial screening and 81 went forward. Of the 81, 42 went to trial and 39 pleaded guilty. Of the 42 trials, 8 were acquittals and 34 were convictions. Thus, of the 81 cases carried forward, 73 ended in convictions of some crime, though not necessarily of murder. Of these, 65 were sentenced to incarceration of more than one year.
Sentencing Class @ OSU Moritz College of Law 
2 responses to “The death penalty and plea bargaining”
I found our classroom discussion of NY’s failed attempt at making the plea bargaining process in the death context more transparent very interesting. I still cannot understand (nor can I find the case) why it is a constitutional violation to pass a law that guarantees the state will take the death penalty off the table if the defendant agrees to plead guilty. Plea bargains are made constantly in which in exchange for saving the state the time and expense of trial the defendant get a more favorable sentence. No one says they have to take any plea, the choice is that of the defendants and it seems perfectly constitutional that defendants can bargain with the state if they feel its in their interest. A plea bargain always results in the loss of some rights, but it is up to the defendant to weigh those rights against the offered bargain. If anyone has the citation of the case striking down NY’s law, I’d like to read it – thanks!
LikeLike
Yes good Information, not only that recently I found onecollege which is offers beyond-the- classroom experience to students in the rapidly-expanding industries of Health Care, Criminal Justice, Business, and Computers. Don’t miss out on great career opportunities.
LikeLike