> I would be fine if high conviction rates reflected prosecutor's only bringing good cases. It doesn't.
There is a huge amount of hand-waving following this assertion without any evidence to back up the claim.
I'm not saying abuse of process doesn't happen, but this is just saying it can and then spelling out a big hypothetical without any proof that this practice is rampant.
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.
> 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.
> ... but in the bigger picture crime is wildly under-punished.
Um, citation needed.
> More than half of murderers go free.
The burden is on the state to prove their case not on the accused to prove their innocence. If this completely unsubstantiated statistic is true (again, citation needed) why is the state so bad at making their cases?
> More than 98% of rapists never spend a day in prison.
Yes, rape is under-reported, under-charged and rarely results in a conviction. This is true. Society engages in a whole lot of victim blaming with sex crimes.
> we stand solidly opposed to zealous pursuit of justice for the victims of crimes
What? The US has 4% of the world's population but 25% of the world's prisoners. If over-policing and wildly capricious sentences (eg 10+ years for cannabis possession) worked, this would be the safest country on earth.
There is a huge amount of hand-waving following this assertion without any evidence to back up the claim.
I'm not saying abuse of process doesn't happen, but this is just saying it can and then spelling out a big hypothetical without any proof that this practice is rampant.