Have you ever wondered why individuals charged with crimes plead guilty? Is it a guilty conscience? Do they want to be punished? The New York Times reported in a March 22, 2012, article that 97% of federal cases and 94% of state cases end in plea bargains. That means that almost all individuals charged with crimes plead guilty. The reason they do this is plea bargains. In a plea bargain, the prosecutor threatens to charge the defendant with a more severe crime, demanding a long sentence unless the defendant “voluntarily” pleads guilty to a lesser crime. This process bears the same resemblance to justice that deer scat bears to chocolate candy.
Article III, Section 2, of the U.S. Constitution says, “…The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury…”. The 6th Amendment says, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury …”. Some might argue that these provisions do not apply in the case of a guilty plea because there is no need for a trial, but even if the defendant has pled guilty, the judge must conduct a trial to approve the plea and pass sentence. It may be argued that the accused “waived their right to a jury trial,” but there is nothing in the Constitution that allows denying people their constitutional rights because they have “waived” them. Allowing individuals to waive their rights is especially pernicious when it is done in response to a threat, as in the case of plea bargaining. The constitution clearly requires jury trial even if the defendant pleads guilty.
The 5th Amendment of the U.S. Constitution says, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury … nor shall be compelled in any criminal case to be a witness against himself …”. It seems clear that a guilty plea constitutes “witness against himself” and that the plea-bargaining process is a form of compulsion.
All of the above applies to prosecutions under federal law. But does it also apply under state law? The 14th Amendment says, “. . . No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. . . .” It seems likely to me that the intent of this language was to extend the protections of the above-cited constitutional provisions to those charged under state laws.
Therefore it appears, that plea bargaining and trial by judge violate the U.S. Constitution and any criminal conviction not issued by a jury is invalid.
Disclaimer: I’m not a lawyer, thank goodness. Don’t take legal advice from me.
Posted 2021/04/08