Greater of Two Evils: Trial Penalty or Plea Penalty?

Authors

Breanne Potter

Abstract

The article critiques the prevalence of plea bargaining in the U.S. criminal justice system, arguing that while it is often seen as a necessary evil for efficiency, it undermines constitutional rights and perpetuates injustice. The author introduces the concept of the "plea penalty," which refers to the significant and often overlooked consequences of accepting a guilty plea, such as the loss of rights and long-term collateral consequences. The article challenges the notion that the trial penalty—harsher sentences for those who go to trial—is the only concern, emphasizing that the plea penalty can be equally detrimental. It advocates for systemic reforms to address these issues, ensuring justice and fairness in the criminal legal system.

Disciplines

Courts | Criminal Law | Criminal Procedure | Jurisprudence | Law

Recommended Citation

Breanne Potter, Greater of Two Evils: Trial Penalty or Plea Penalty?, 31 Cardozo J. Equal Rts. & Soc. Just. 137 (2024).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol31/iss1/5