Plea Bargains in the United States
Coercive Plea Deals: A Critical Issue in the Criminal Justice System
In the U.S. criminal justice system, plea bargains play a significant role in resolving cases. A plea bargain is an agreement between the prosecutor and the accused, where the accused agrees to plead guilty to a lesser offense to avoid a trial and potentially harsher sentencing. This practice has led to over 95% of felony convictions being secured through plea deals. While this may seem efficient, it often undermines the fundamental rights of the accused.
One of the most troubling aspects of plea bargains is the concept of the "trial penalty." This refers to the substantial difference in sentencing between what is offered in a plea deal and the much harsher sentence that could be imposed if the defendant is found guilty at trial. This disparity can coerce individuals, including those who are innocent, into accepting plea deals out of fear of receiving a more severe punishment if they go to trial. As a result, many people may admit to crimes they did not commit, relinquishing their right to a fair trial and other critical legal protections.
The coercive nature of plea deals does not end with initial convictions. Even after incarcerated individuals have presented solid evidence of their innocence, they may still face pressure to accept conditional pleas to reduce their sentences or secure release. This means that even proven innocence is not always enough to avoid the coercive power of plea bargaining. Those who refuse such deals may remain incarcerated for extended periods as their appeals navigate through the court system.
Understanding the dynamics of plea bargains and the coercive tactics used by prosecutors is crucial in advocating for a fairer criminal justice system. The Arkansas Post-Prison Transfer Board, and other similar bodies, should consider these factors when making clemency decisions. Recognizing the inherent pressures and potential injustices in the plea bargaining process is essential to ensuring that justice is served and that individuals like Jerry Herron have a fair chance at clemency and reintegration into society.
For more information and to support Jerry Herron's quest for clemency, please sign the petition on Change.org. Together, we can advocate for a fairer justice system and support those who have been unjustly impacted by coercive plea deals.
We believe everyone should have access to a fair trial without being co-erced at the last moment to take a plea deal.
Coercive plea deals can pressure innocent people to plead guilty to crimes they did not commit.
Does anyone ever get a fair trial anymore?
Sign Jerry’s Online Petition
Please join us in this crucial advocacy effort by signing and sharing Jerry Herron’s petition on Change.org. Your support can make a significant difference in Jerry's life and help promote a more just and humane criminal justice system in Arkansas and beyond. Together, we can work towards a future where second chances are possible, and justice is truly served.
Follow us on Social Media.
Follow, like and share Jerry’s Facebook group and content on social media pages for updates and more information about events, hearings, and how you can help spread the word.