ACLU: Lawsuit Challenges Coercive Plea Bargaining Used to Punish Thousands of People for Exercising Constitutional Rights
The American Civil Liberties Union and the ACLU of Arizona filed a federal class action lawsuit challenging the Maricopa County Attorney’s Office (MCAO) policy of making plea offers “substantially harsher” if people assert their rights to a preliminary hearing or a trial. This “retaliation policy” coerces thousands of guilty pleas per year and violates the Constitution. Moreover, the retaliation policy applies regardless of the facts of any case, or even if the person might be innocent. Prosecutors also refuse to disclose any information beyond police reports — even if they have it — unless people give up their rights. In emails to public defenders, Maricopa County prosecutors openly acknowledge that one purpose of the policy is to avoid the work of reviewing evidence and preparing for trial.
MCAO enforces its retaliatory plea policy in the Early Disposition Courts (EDCs). These EDCs were initially created to quickly move cases involving minor offenses or drug possession through the system, with the stated goal of helping people in need of drug treatment and other services avoid convictions. It is during the EDC process that prosecutors threaten people with retaliation for exercising their rights and present people with a devastating choice — either waive your right to a probable cause hearing and accept the first guilty plea, all without access to the evidence against you, or MCAO will make any later plea “substantially harsher.”
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I recall very clearly the judge in my case (nearly 40 years ago) threatening that, if I dared to opt for a jury trial and I as found guilty, he would give me the maximum sentence permitted under the law.
My immediate thought was, “Wait… Whose side are you on? Aren’t you supposed to be impartial?”
Now I know what a joke & lie that judicial impartiality is!!
I thought this was the standard thing the legal system did. They do this in Texas. Why is this just now coming out?
I was in a county jail in Michigan for 5 months. One of the cell blocks seemed reserved for those facing the most serious charges. Whenever someone took his case to trial and received a sentence far above what he had been offered in a plea bargain, they made sure that he was placed in that block as an example of what happens when you take your case to trial.
In my personal case, I was taken to court one day for a Cobbs hearing where a judge states on the record what sentence he believes appropriate for a guilty plea. I was kept in a holding cell while the lawyers discussed my fate. My lawyer came and told me that the judge would cap my sentence at 12 years. The court bailiff was with him and pulled a calculator out of his pocket, punched in some numbers, and told me what I would get if I was found guilty of all charges at trial. Completely illegal for a court employee to interfere with plea negotiations by the way as I learned years later. It’s coercion. I accepted the Cobbs offer, and then “my” attorney urged me to enter the plea right away without returning to the jail. I’m sure he didn’t want any other inmates influencing my decision. I didn’t find out until sentencing that the 12 year cap on my sentence was actually a floor that only capped the minimum sentence. Really disappointing to realize that my public defender was actually working hand in hand with the prosecution to trick me into a quick plea.
Gerald, my bet is your public defender (ie public offender) sold you out to get a better deal on a different case. I’m so sorry this happened to you.
Thanks Bob. It’s obvious now that they were working out deals like it was a poker game. I’ll get this sap to plead guilty in exchange for you reducing the charges for this guy, etc. The man never raised a single objection at any of the proceedings. That attorney died unexpectedly last year. I had to struggle with my own conscience not to celebrate. After all, he had a family who loved him too.
This is terrible to be sure. But also look at the federal system, which consists largely of plea deals because the cost of going to trial and losing is more than most people can handle. The prosecutors are nothing more than bullies who use a very rigged system to the detriment of the defendant. There really is no burden of proof on the prosecutors since nearly every law and rule favors them.
How many people take a plea, not only in AZ, but in the US because the DA ups the potential sentences; not only in sex related cases, but across the board.
My son, who to this day believes he was entrapped, was offered a plea deal of 9 years [in Texas]. But if he exercised his constitutional right to a jury trial; the DA said he would be asking for 40 years in TDC [no Justice there] in his case.
My son, did the research, found that juries in the area, in the state were handing our 20-25 year sentences. Guilty or not became immaterial, he reluctantly took the 9 year plea, served 5 years and is now off paper.
But nothing can restore the time he spent in TDC and nothing, except the abolition of the registry can remove the stigma he carries around due to accepting a plea deal.
Rigged system.
94% of all criminal convictions are the direct result of accepting a plea on the State level, 97% on the Federal level.
*… the simple reality that 97 percent of federal convictions and 94 percent of state convictions are the result of guilty pleas. *
Source : https://www.law.cornell.edu/supremecourt/text/10-444#
This county has been in the news for controversy so many times, I am surprised the Feds have not raided every Government office in the county. From the Sheriff , the courts, and other agencies there, it seems corruption abounds.
Just google “Maricopa toughest Sheriff”. (Although I think he finally retired)
Ok my memory is not as bad as I thought. Below is the link. Old Sheriff Joe had this headline back in the day and made International news because of the treatment of inmates.
“Arizona’s Tent City Jail: Where prisoners wear pink underwear, eat meatless meals and swelter in the 120-degree heat”
https://www.washingtonexaminer.com/arizonas-tent-city-jail-where-prisoners-wear-pink-underwear-eat-meatless-meals-and-swelter-in-the-120-degree-heat