From early courtroom drama movies like 12 Angry Men and To Kill a Mockingbird to the wildly popular novels of John Grisham, the legal trial has long been an enduring and appealing trope in American culture. There are even video games that let players portray prosecutors and defense attorneys for fun.

Increasingly, however, defendants are being encouraged—some would even say pressured or coerced—by their attorneys to accept plea-bargained sentences in lieu of going forward with a trial. A recent northjersey.com op-ed discusses the mounting number of “backroom plea deals” that author Roger Fraser describes as “assembly-line, do-it-yourself ‘justice' factories.” Do plea deals threaten the sanctity and integrity of America's legal system? Or are they the way of the future, as a cost-effective and efficient solution to the widely decried backlog of criminal cases and delays in the judicial process?

The Meteoric Rise of Plea Deals in the Past 50 Years

A little legal history is in order before we can dive into the debate. Prior to the Supreme Court's landmark decision in Brady v. United States (in 1970), plea deals weren't nearly as popular as they are today. In fact, the nation's highest court frowned upon the practice.

But oh, how the tables have turned. On the federal level, the proportion of cases settled by plea bargain rather than by trial has risen from 84% in 1984 to 98% by 2018. (State cases, similarly, go to trial a mere 6% of the time.)

Even when a defendant desires to have his or her day in court, it's relatively easy for the attorneys involved to dissuade them simply by citing the statistics. According to Pew Research, of the 2% of federal cases that did go to trial in 2018, 83% ended in conviction.

To say that the odds are stacked against criminal defendants being tried and found innocent is to grossly understate the case.

The Problems with Plea Bargains

So why are plea bargains problematic? Given the high costs of a jury trial—on the part of both prosecution and defense—making a deal that adequately serves justice before those expenses can be incurred would seem like a desirable outcome. Plea deals save time, as well. The resources that are freed up by plea bargaining in relatively straightforward cases can, presumably, be better allocated to cases that are more complex and consequential.

Additionally, according to a recent report from the National Association of Criminal Defense Lawyers and the Foundation for Criminal Justice, jury trials that end in conviction carry sentences that are much harsher than those meted out as a result of pleas—eight times as high for those found guilty of burglary/breaking and entering, in one example cited by the 2018 report. This data helps defendants to feel they've made the right decision by entering into a plea agreement.

For those accused persons who are innocent, however, and who find the concept of admitting guilt an incredibly difficult pill to swallow, plea deals feel fundamentally untenable. It's a huge rock and an especially hard, hard place between which to find oneself. And the fact of the matter is that even though the majority of court trials do end in convictions, thereby rendering this moral conundrum moot, the “DIY justice” machine nevertheless imprisons plenty of defendants who would otherwise have been acquitted.

This system of shunting cases to the boardroom before they end up in the courtroom also presumes our collective national comfort with a Faustian bargain of sorts. With the exception of Alford pleas (which account for only 6% of all guilty pleas made, state and federal,) defendants who exchange a polite legal fiction for a smaller penalty are complicit, say those opposed to plea deals, in committing a travesty of all our judicial principles.

Wrapping Up—For Now

Outside of Hollywood scriptwriters and the very, very few exonerated prisoners who walk out of custody and into the arms of their loved ones amid a sea of reporters, does anyone truly believe that justice is ever served? That Americans who have been arrested and issued a jumpsuit and some plastic shoes are innocent pending the procedural proof of their guilt?

Well, yes. The attorneys at the Lento Law Firm absolutely champion these fundamental concepts of the American judicial system. They understand that plea bargains are sometimes the most prudent path to take, and that in other cases, it's more important for the accused to invoke their constitutional right and sit in a courtroom for as long as it takes to present their case. Although philosophical questions like the current debate over so-called “DIY justice” are interesting ones, certainly worth asking, attorney Joseph D. Lento and his associates are concerned with their clients' sense of justice, whatever that may look like, and on helping them to achieve it by whatever means are most likely to succeed.

What's your take on plea deals? Are they a necessary judicial shortcut that benefits all parties by resolving criminal matters quickly and cheaply? Or are they a cancer, eating away at our country's principles, case by case? Have your say below or connect with our followers on social media to start the conversation. Or, if you or someone you love is facing criminal charges—and the very real possibility of a plea bargain—call us at ​​(888) 535-3686 or contact us online to discuss your case.