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jmyeetyesterday at 8:17 PM1 replyview on HN

It's hard to find quantative data but one clear example is DNA-based exoneration by the Innocence Project [1]

> Among the many insights drawn from these wrongful convictions is the realization that a guilty plea is not an uncommon outcome for innocent people who have been charged with a crime: 11 percent of the DNA exonerees recorded by the Innocence Project pleaded guilty

There's a thing called the Trial Penalty [2]. ~98% of charges result in a guilty plea. If all 100% went to trial the system would collapse. As such, prosecutors coerce plea deals [3]. But the Trial Penalty works pretty much like the example described: if you go to trial, you will be overcharged and face, say, 10-30+ years in jail. Or you can take a plea for 2 years.

This Trial Penalty is made worse with mandatory minimums and add-on charges like I mentioned (ie 924(c)).

This effect has been modeled with maths and game theory to show hoow extreme outcomes cause people to plead guilty more often [4].

This is a well-known problem in criminal justice. You're showing either a complete lack of imagination or simply don't think this will ever be used against you.

[1]: https://www.innocenceproject.org/wp-content/uploads/2019/09/...

[2]: https://www.tisonlawgroup.com/is-your-sixth-amendment-right-...

[3]: https://innocenceproject.org/coerced-pleas/

[4]: http://www.bernardosilveira.net/resources/Plea_bargain_Novem...


Replies

mullingitoveryesterday at 9:46 PM

> There's a thing called the Trial Penalty [2]. ~98% of charges result in a guilty plea.

The gist of this argument is that there are huge numbers of innocent people railroaded into prison, but in the bigger picture crime is wildly under-punished.

More than half of murderers go free.

More than 98% of rapists never spend a day in prison.

At the end of the day this is all a question of where you stand on Blackstone’s Ratio. In the US, even with the rate of wrongful conviction we may have, we stand solidly opposed to zealous pursuit of justice for the victims of crimes, on the argument that an innocent person might be punished.

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