A raw deal

Plea bargains have unbalanced Oklahoma’s justice system

One of the most basic rights for Americans accused of a crime is the right to a fair trial before a jury. However, the vast majority of criminal convictions—90 to 95 percent—don’t happen at trial. Instead, they’re the result of a deal negotiated by prosecutors and defense attorneys without going to trial.

Plea deals are the norm for a number of reasons, but the justice system’s dependence on them is a serious problem. When nearly all criminal cases are resolved outside of the courtroom, the dangers include racially-biased sentences, convicting innocent defendants, and a criminal justice system with little transparency or accountability.

In a typical plea deal, the defendant pleads guilty to a crime in exchange for a less-serious charge than what the prosecutor would seek if the case went to trial. For example: A defendant facing first-degree burglary charges that bring 7-20 years imprisonment could be offered a plea deal of second-degree burglary with only five years imprisonment. With years of life at stake, the pressure to take the deal can be intense, even if the defendant has a chance of full acquittal at trial.

Both prosecutors and defense attorneys often push for plea deals due to an overburdened criminal justice system. Due to underfunding, the Oklahoma Indigent Defense System has been on the brink of a constitutional crisis for years, with caseloads that are more than two and a half times higher than national standards. District Attorneys have struggled to keep their offices afloat as state revenues have dried up. Bringing more cases to trial simply isn’t feasible in this environment.

The justice system’s reliance on plea deals gives prosecutors a great amount of power in negotiating the resolution of criminal cases. Many defendants cannot afford bail or pay a bondsman to be released before their case is resolved, so plea deals may be their only way to get out of jail before trial. With this leverage, prosecutors can press for incarceration or supervision with little resistance from defendants. Desperate to get back to their families, many defendants take the deal. This power imbalance may even influence an innocent defendant to plead guilty merely because they lack the resources to undergo a lengthy trial.

Judges could put plea negotiations on more even ground by giving those who can’t afford bail other options to secure their release, so they aren’t under so much pressure to take the first deal they’re offered. Some Oklahoma counties have already begun to widen the use of non-monetary release, resulting in fewer people in jail. In one study, pre-trial releases were found to reduce defendants’ probability of pleading guilty by 12 percent.

There are other steps lawmakers can take to reduce the impact of plea deals. Oklahoma has already begun to reduce sentences for many crimes, such as reducing minimum sentencing for drug offenders and reclassifying simple drug possession as a misdemeanor. However, there is still a long way to go.

Scarce resources and large caseloads mean that plea deals will continue to be the norm in Oklahoma’s criminal justice system for the foreseeable future. However, district judges and state legislators have options to curb the most problematic elements of plea deals. Judges and lawmakers should embrace these steps to prioritize justice over convenience.