A More Perfect Union

The criminal justice system is now in the middle of one of the most consequential issues in our democracy. Opposing viewpoints are getting entrenched in their beliefs. People in the middle will be critical in determining our political future.

Yes, the criminal justice system can be unfair, just consider all the people that don't have access to their choice of criminal defense or choice of options on what rules to follow. Or easily pay fees for violating rules.

Take a moment to imagine yourself in the shoes of a defendant. Would you have the financial means to cover all your legal expenses? Consider how many individuals are held in custody simply because they cannot afford bail. Additionally, think about those who end up accepting plea deals in criminal cases due to their inability to mount a proper defense. Here are some statistics to consider as the criminal justice system engulfs a political candidate.

Number in custody due to unaffordable bail:

• Estimates suggest over 60% of people in jail on any given day are there because they can't afford bail.
• 400,000 people nationwide are awaiting trial while legally innocent, simply because they lack the money for bail.

Settling cases due to lack of funds:

There is no direct data on how many people plead guilty due solely to financial limitations. It's not possible to give an exact number of plea-bargained cases since plea bargaining isn't formally tracked. However, research suggests a very high percentage of convictions - around 90-98% - in both federal and state courts come from plea bargains. So, while we can't say exactly how many cases, we can say that plea bargaining is the main way criminal cases are resolved in the United States.

Due to factors like cost and potential sentencing risks, a significant portion of cases end in plea bargains. While plea bargains can help avoid harsher sentences, they also limit a defendant's chance to fight the charges in court.

Other considerations,

• In 2019 87% of the indictments resulted in a successful prosecution, the odds are stacked against those being prosecuted.
• Cost of Defense: A good defense attorney can be costly. If a defendant cannot afford one, they rely on a public defender who may have a high caseload and limited resources.
• Discovery Issues: Prosecutors are obligated to disclose all evidence relevant to the case, but there can be issues obtaining all the information a strong defense needs.

The reversal rate for criminal convictions on appeal is low, between 5% and 12%.

• Federal Appeals: According to the U.S. Courts website, less than 9% of all appeals in 2015 resulted in a reversal.
• State Appeals: The Bureau of Justice Statistics reports that around 7% of appeals seeking review on the merits (meaning they weren't dismissed for procedural reasons) resulted in a reversal in 2010.

How many people are discarded due to a criminal background history? Prosecuted for the rest of their lives for an offense that is a fraction in severity or that is no longer a criminal offense. These are just some of the challenges a person faces when defending themselves in a criminal prosecution.

“A more perfect Union” is the obligation for all of us who love this country and believe in its systems. It is time to review the legal system and identify where unjust influence is permitted. And it is time the attention turned to the most incarcerated population in the free world.