American Violet Questions

(Use your own paper to answer the questions.)

  1. Write about plea bargaining from the standpoint of the victim of a crime and the victim's friends and relatives.
  1. Identify some of the factors which can result in plea bargains which are either too lenient or too harsh.
  1. Should plea bargaining should be replaced with a system which allows a defendants only two choices: pleading guilty or going to trial? Explain your answer. Give pro and cons for each.
  1. How can we reform the plea bargaining process without substantially increasing costs for the court system?

The U.S. Supreme Court, in a 2012 case, held that that:
"To a large extent ... horse trading [between prosecutor and defense counsel] determines who goes to jail and for how long. That is what plea bargaining is. It is not some adjunct to the criminal justice system; itisthe criminal justice system." [emphasis supplied; citation omitted] " [Defendants] who do take their case to trial and lose receive longer sentences than even Congress or the prosecutor might think appropriate, because the longer sentences exist on the books largely for bargaining purposes. This often results in individuals who accept a plea bargain receiving shorter sentences than other individuals who are less morally culpable but take a chance and go to trial" [citation omitted]

The Court held that "In today's criminal justice system, therefore, the negotiation of a plea bargain, rather than the unfolding of a trial, is almost always the critical point for a defendant." The Court also observed that, "To note the prevalence of plea bargaining is not to criticize it. The potential to conserve valuable prosecutorial resources and for defendants to admit their crimes and receive more favorable terms at sentencing means that a plea agreement can benefit both parties." All Supreme Court quotations are fromMissouri v. Frye, 42 Supreme Court Reporter 1399 at 1408 (2012)

  1. For all parties involved, plea bargains trade justice for efficiency. From the standpoint of the public, do you agree or disagree with this public policy choice? Explain your reasons with reference to: (a) the concept that the result of the criminal process should be justice rather than the result of "horse trading" and (b) the fiscal impact and whether money would be better spent on other priorities.
  1. What factors may have led to the unwillingness of others falsely accused to seek justice along with Dee Roberts
  1. Given the fact that the U.S. justice system is an adversarial system in which the different parties compete to see who wins, what is the role of the ACLU and organizations like it?
  1. Drug sweeps are often seen as targeting particular groups and have been criticized for their racist and classist underpinnings. What regulations do you think can be put in place to see that the government's task of controlling illegal substances can be aligned with an individual's civil rights?
  1. Predict what would have happened had the District Attorney failed to back down from his position and moved ahead with a trial against Dee Roberts?
  1. Is the idea of bail to get out of jail fair? Explain
  • Post-Viewing Discussion Questions key
  • Ask the class to look at plea bargaining from the standpoint of the victim and the victim's friends and relatives. [A good discussion will include the concepts that a lenient plea bargain will not satisfy their legitimate desire to have the criminal punished. However, plea bargaining spares them the agony of a trial and the risk of feeling very badly if the defendant is acquitted.]
  • Identify some of the factors which can result in plea bargains which are either too lenient or too harsh. [A good discussion will include the following points: (1) success for either side depends upon the skill of the attorneys in negotiating not just the guilt or innocence of the accused; (2) prosecutors are not required to disclose any problems with their evidence; (3) prosecutors are eager for plea bargains because it results in an easy conviction and prosecutors are judged on the number of convictions they achieve; (4) in certain situations some defense attorneys may not want to advocate strongly for their clients because the defense attorneys have to work with the prosecutors on other cases; (5) the accused may feel pressure to agree because of the disruption and cost of a trial.
  • Conduct a discussion on whether or not plea bargaining should be replaced with a system which allows a defendants only two choices: pleading guilty or going to trial; have the class evaluate the pros and cons of each system. This can also take the form of a debate pro or con on the proposition: Plea bargaining should be replaced with a criminal justice system in which plea bargaining would not be allowed and an accused person could only plead guilty or go to trial.
  • Solicit ideas about how to reform the plea bargaining process to improve the results without substantially increasing costs; have the class debate their efficacy; if the ideas are very good, have the proponents write them up and send them to their legislative representative.
  • The U.S. Supreme Court, in a 2012 case, held that that:
  • "To a large extent ... horse trading [between prosecutor and defense counsel] determines who goes to jail and for how long. That is what plea bargaining is. It is not some adjunct to the criminal justice system; itisthe criminal justice system." [emphasis supplied; citation omitted] " [Defendants] who do take their case to trial and lose receive longer sentences than even Congress or the prosecutor might think appropriate, because the longer sentences exist on the books largely for bargaining purposes. This often results in individuals who accept a plea bargain receiving shorter sentences than other individuals who are less morally culpable but take a chance and go to trial" [citation omitted]
  • The Court held that "In today's criminal justice system, therefore, the negotiation of a plea bargain, rather than the unfolding of a trial, is almost always the critical point for a defendant." The Court also observed that, "To note the prevalence of plea bargaining is not to criticize it. The potential to conserve valuable prosecutorial resources and for defendants to admit their crimes and receive more favorable terms at sentencing means that a plea agreement can benefit both parties." All Supreme Court quotations are fromMissouri v. Frye, 42 Supreme Court Reporter 1399 at 1408 (2012)
    Plea Bargaining Considered:
  • Question #1:For all parties involved, plea bargains trade justice for efficiency. From the standpoint of the public, do you agree or disagree with this public policy choice? Explain your reasons with reference to: (a) the concept that the result of the criminal process should be justice rather than the result of "horse trading" and (b) the fiscal impact and whether money would be better spent on other priorities.
  1. What factors in the makeup of the victims of the excesses of the District Attorney may have led to their unwillingness to seek justice along with Dee Roberts? Suggested Response: Answers will vary: Some may suggest that general racist attitudes are responsible. Others may argue that poverty, lack of education and overall fear of the system may have been important factors.
    2. Given the fact that the U.S. justice system is an adversarial system in which the different parties compete to see who wins, what is the role of the ACLU and organizations like it? Suggested Response: Answers will vary but the basic concept is that the ACLU protects all of our constitutional rights and sometimes that means protecting the rights of people we do not agree with, or even despise, as when the ACLU protected the rights of Nazis to parade in predominantly Jewish neighborhoods.
    3. Drug sweeps are often seen as targeting particular groups and have been criticized for their racist and classist underpinnings. What regulations do you think can be put in place to see that the government's task of controlling illegal substances can be aligned with an individual's civil rights? Suggested Response: Any law enforcement action must be based upon some hard evidence rather than merely informant information; moreover, unreliable informant information should be discounted. In other words, law enforcement actions should be based on good police work. Students may come up with their own thoughts and all well-reasoned responses are acceptable.
    4. Predict what would have happened had the District Attorney failed to back down from his position and moved ahead with a trial against Dee Roberts? Suggested Response: Had the justice system worked, she would have been acquitted, however, given the public defender who had been assigned to her, that was not very likely.