Peirspictiochtai Ar An Saol
Zero-Based Justice
Part Twelve
The current system of justice in the United States is dependent on defendants agreeing to plea bargains. Yet one of the aspects of plea bargains is that defendants involved on one side of the negotiations are not always aware of all of the repercussions for agreeing to plea bargains.
Some aspects of a specific plea bargain are detailed in the specific plea bargain.
For example, a plea bargain will include the charge or charges for which the defendant is pleading "guilty."
What may not be included is an actual accounting of what the costs will be for the defendant pleading "guilty." Defendants may lose certain privileges and certain rights when agreeing to plea bargains, but those privileges and rights may not be detailed in the plea bargains. In cases where plea bargains include terms of imprisonment, the defendants may be agreeing to pay for the costs of their incarcerations by pleading "guilty." Yet, those costs may not be detailed in the plea bargains.
In many jurisdictions, there may be a specific fine assessed for a specific crime. But that may not be the total actual cost associated with pleading "guilty" to a specific crime. In many jurisdictions, there are surcharges added to the specific fine assessed for a specific crime. Those surcharges could total more – much more – than the actual fine assessed for a specific crime.
When you buy a piece of real estate – a house, for example – there usually is a document of anticipated expenses provided – prepared prior to settlement where the real estate ownership changes hands. That document is provided to both sides involved in the negotiations – both the buyer and the seller.
A similar type of document is not always prepared for a plea bargain. One side of the negotiations in a plea bargain – the prosecutor – knows what the actual total costs will be assessed to the defendant if they plead "guilty." If the defendant has a defense attorney, the defense attorney should know what the actual total costs will be assessed to the defendant. But if the defendant does not have a defense attorney, the defendant may not actually know the full costs that will be assessed against them by pleading "guilty" in a plea bargain.
In many jurisdictions, if a person pleads "guilty" to a specific crime, that "guilty" plea may then be used to deny the defendant certain privileges.
For example, if a person pleads "guilty" to driving a motor vehicle while drunk, the plea bargain may be sent to the driver's license bureau that issued a driver's license to the defendant. That governmental agency may then suspend the defendant's driver's license for a specific time period.
One side of the negotiations in a plea bargain – the prosecutor – knows what the typical response would be from the driver's license bureau when presented with a plea bargain where the defendant acknowledges guilt for driving a motor vehicle while drunk. The prosecutor would know that the routine response would be to suspend the driver's license for the defendant for a specific period of time.
If the defendant has a defense attorney, the defense attorney should know what the usual response would be from the driver's license bureau that issued a driver's license to the defendant when that driver's license bureau becomes aware of a plea bargain acknowledging guilt for driving a motor vehicle while drunk. But, if the defendant does not have a defense attorney, the defendant may not actually know that a "guilty" plea may lead to the suspension of their driving privileges.
The privilege to drive is but one privilege that may be denied by the government because of a plea bargain agreed to by a defendant. Depending on the criminal act or acts for which the defendant pleads "guilty," other privileges could include, for example, the privilege to practice certain occupations, the privilege to live in certain housing, or the privilege to visit with their children.
In many jurisdictions, if a person pleads "guilty" to a specific crime, that "guilty" plea may then be used to deny the defendant certain rights.
For example, if a person pleads "guilty" to a serious felony criminal act, the plea bargain may be sent to the voters' registration office that handles voting rights for the geographic area where the defendant resides. That governmental agency may then suspend the voting rights of the defendant for a specific time period.
One side of the negotiations in a plea bargain – the prosecutor – knows what the typical response would be from the voters' registration office that handles voting matters in the geographic area where the defendant resides when that voters' registration office is presented with a plea bargain where the defendant acknowledges guilt for a serious felony. The prosecutor would know that the routine response would be to suspend the voting rights of the defendant for a specific period of time.
If the defendant has a defense attorney, the defense attorney should know what the usual response would be from the voters' registration office that handles voting matters in the geographic area where the defendant resides when that voters' registration office becomes aware of a plea bargain acknowledging guilt for a serious felony. But, if the defendant does not have a defense attorney, the defendant may not actually know that a "guilty" plea may lead to the suspension of their voting rights.
In many jurisdictions, if a person pleads "guilty" to a specific crime that results in imprisonment, that "guilty" plea may then be used to require the defendant to pay a daily rate for every day that they are incarcerated.
For example, if a person pleads "guilty" to a criminal act that includes imprisonment for a period of time, the plea bargain may be used to assess a daily rate for every day the defendant was incarcerated. The total costs may not be assessed until after the defendant has completed their term of imprisonment.
One side of the negotiations in a plea bargain – the prosecutor – knows that the defendant would likely be assessed a daily rate for every day the defendant would be incarcerated if the defendant agrees to a plea bargain acknowledging guilt for a specific crime. The prosecutor would know that the routine response from the government would be to demand payment to cover the costs of incarceration.
If the defendant has a defense attorney, the defense attorney should know what likely action would be taken by the government after the term of imprisonment is finished if the defendant agrees to a plea bargain acknowledging guilt for a serious felony. But, if the defendant does not have a defense attorney, the defendant may not actually know that a "guilty" plea may lead to them having to pay a daily rate for every day that they are imprisoned.
The next news column in this series will continue to detail aspects of how plea bargains are utilized in the justice system. Additional news columns will continue to detail specific characteristics of justice as it is practiced today in many parts of the United States as well as ways that justice could be practiced through Zero-Based Justice.
Peirspictiochtai Ar A Saol – Gaelic – Irish – for "Perspectives On Life" is a column focused on aspects of accountability and responsibility as well as ways people look at life.
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