Criminal cases rarely go to trial. In most states it is estimated that in over 95 percent of criminal cases the defendant gives up his or her right to have a jury trial and pleads guilty.
In some cases the defendant pleads guilty without any agreement for a reduction in the charges or the sentence. When this happens we say that the defendant has pled “straight up.”
Most guilty pleas are the result of negotiations between the prosecution and the defense. Many people refer to this process as “plea bargaining” and refer to the negotiated plea as the “plea bargain.” The use of the word “bargain” is unfortunate, as it suggests that the defendant is getting a deal that they do not deserve. While it is true that some defendants negotiate a favorable plea in light of their conduct, in most cases the agreement reached is nothing other than a fair and appropriate resolution of the charges.
You might think that negotiated pleas are a bad thing, and that offenders should never be given a deal. The reality is that our criminal justice system could not function without them. We have a tremendous volume of criminal cases in our court system and it is a struggle to keep up with the caseload. Without negotiated pleas our system would quickly be overloaded and would break down.
The United State Supreme Court has stated that plea bargaining is an essential part of the process, noting that “if every criminal charge were subjected to a full-scale trial, the states and the federal government would need to multiply by many times the number of judges and court facilities.” With our economy struggling and with a large state budget deficit it is almost a certainty that we are not going to be increasing the capacity of our criminal justice system. If the legislature makes further cuts to our criminal justice infrastructure, our capacity may be reduced which could increase the pressure to settle cases.
In addition to avoiding the expense of a trial, there are a number of other reasons why a prosecutor might make a deal to settle a case. In some cases charges are reduced because the case is weak or because a key witness cannot be located. In others, the victim desires to avoid trial or seeks an early resolution. In many cases, the defendant was initially overcharged and the plea bargain simply involves dismissal of charges that do not fit the facts.
Ultimately, it is the prerogative of the prosecutor to charge out and resolve criminal cases. This is an important responsibility that involves legal, ethical and practical considerations. At stake is nothing less than public safety and the proper administration of justice. Some would argue that this function is the most important duty of a County Attorney.
I would not disagree.
As always, remember it is your court.
Rasmussen is a District Court Judge in the Ninth Judicial District. He is chambered in Clearwater County and works primarily in Clearwater and Hubbard Counties. His e-mail address is: paul.rasmussen@courts.state.mn.us.
