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Call-for-Code / Embrace-Judicial-Reform

Emb(race): Judicial reform. From traffic stops and arrests to sentencing and parole decisions, use technology to better analyze real-world data, provide insights and make recommendations that will drive racial equality and reform across criminal justice and public safety.
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Problem statement #3 - shift some focus to earlier in sentencing process #25

Open BchanceIBM opened 4 years ago

BchanceIBM commented 4 years ago

Is your suggestion related to a problem? Please describe. Problem statement #3 focuses on sentencing which is the last step in the adjudication process - moving earlier into preliminary hearings, indictments, plea deals and other areas may enable early/pre-trial intervention - sentencing may be too late in the process See this link: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwjFhdKguc_qAhWEhOAKHb40Dq8QFjAKegQIAhAB&url=https%3A%2F%2Fpolice.unca.edu%2Fsites%2Fdefault%2Ffiles%2FPDFs%2FTitle-IX%2FBasic_Stages_of_Criminal_Justice_-_full_page.pdf&usg=AOvVaw3phra-o-2OnF9nIfmuTe-o

What is your proposed solution? Add focus to earlier in the process - not just on judges and sentencing but earlier phases per above

What is the impact of your solution There is no solution but the change would enable our solutions to proactively address the earlier processes empowering our accused and their legal team to prevent a case actually getting to sentencing or ensure sentencing represents a last step in a fully transparent/fair process

See this link

amfred commented 4 years ago

Highlighting a couple of quotes from the U of Michigan study that back this up:

"In the federal system, approximately 97 percent of convictions are the product of guilty pleas. US federal prosecutors - like state prosecutors - possess enormous discretion. That discretion begins with the initial choice of what, if any, charges to bring. The federal criminal code is vast, and the definitions of crimes in the code often overlap, giving prosecutors a wide menu of charging options in a given case."

"While initial charges can be amended as the prosecutor prepares the case or as a result of a plea agreement, the initial charges are still critical. The prosecutor enjoys essentially unilateral legal decision-making authority over initial charges, whereas subsequent plea deals must be agreed to by defendants under counsel’s advice. Moreover, the initial charge is usually the final charge..."

"Although felony indictments are issued by grand juries on prosecutorial request, this is a mere formality; prosecutors get the charges they seek in 99.9 percent of cases"