Ever been on a jury? If you have, you may have begun to realize how little most of us know about the criminal justice system, even if we are very familiar with all the attention it is given in the Bill of Rights. Defendants have the right to the presumption of innocence, the right to counsel and the right to trial by jury.
Our Founders came from countries where the power to prosecute and punish people was abused. We’ve all heard of debtor’s prisons and the like. How do you pay a debt from prison? They wanted a more citizen-focused commission. No matter that the police and the DA feels that this person is a criminal; it’s the right of the people to decide this.
Plea Bargaining
While probably necessary, given the large amount of crime in our country, plea bargaining negates a lot of the rights we assume someone charged is due. And too often, it is abused. When you overcharge a defendant, you can scare him or her into pleading guilty to a lesser charge. As many DAs are elected, they want big, noisy wins, but realize that many people charged haven’t done anything affecting public safety. If you are sitting in a police station for hours, with no food or water (and no sleep) and are constantly being harangued, the risk of life in prison can be enough to plead to something lesser. This gives the court system more room for other cases; otherwise, they would be overloaded (which is not something an innocent defendant is supposed to fix).
And yet, we have a right to trial by jury, a right that is run over by these threats. Plea bargains negate due process, fairness and transparency. There are reasons to offer them, such as getting a gang member to implicate the rest of the gang, but too often, they are just a weapon used to force innocent people into prison.
The justification given by police and courts is that no innocent person would ever admit to committing a crime they did not commit, but that is false.
You Have Rights
At least in California, the judge strictly warns you that you are only to consider the facts that you have heard in the case; he will tell you the law. But it turns out that this guidance is completely wrong. You have rights that he/she is frankly dismissing—juror independence. But be cautious. Lawyers and judges are prone to dismissing those who really understand their rights and responsibilities. You have to keep your knowledge quiet until it is time to vote. Do not be a rubber stamp for the system.
1. Jury nullification – this right is rarely invoked, but it can be very powerful. If you believe the law is wrong, and, if possible, convince a few other jurors, you can vote “not guilty,” even if the defendant is clearly guilty. This has happened in a number of drug cases, where the defendant has been over-charged for his personal use, but other cases might cause you to hesitate to convict the person, even if he is guilty. This is where you use your judgment. Is the law a person is being prosecuted on fair, reasonable and in accordance with our Constitution? If not, vote “not guilty” and try to convince others to follow you.
2. Penalty information – before sending someone to prison by your vote, wouldn’t it be nice to know what the penalty would be, if you make that decision? We have the right to understand both the crime and “desired” penalty if found guilty. If completely excessive, especially in victim-less crimes, you could vote “not guilty.” Where’s the harm? There are still too many mandatory minimums.
Juror Education is Needed
The Cato Institute is working hard to impose solutions that will return our justice system to one that is more just. Their first reform is to audit the plea process. Take a random sample of cases where a plea has been reached, but not lodged and send them to trial. If found guilty, the defendant gets the agreed-upon plea outcome; if found not guilty, they walk. This might help to exonerate more of the innocent who were terrorized by the plea-bargaining process, as well as display to the world whether or not the process has been overtaken by over-zealous prosecutors and police.
The second idea is to create a juror education campaign, so that people understand their actual rights before having to serve. Most are not aware of the unfairness of the current situation, which often, due to mandatory minimums and other abuses, puts perfectly harmless people in prison for many years. Do we want a “conviction machine” or a fair process? If you aren’t sure, ask yourself how you would feel if you were arrested? Innocents are arrested all the time.
