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Advisory Opinions cover image

A Christian Case for Criminal Justice Reform

Advisory Opinions

NOTE

The Impact of Pre-Trial Detention and Plea Bargaining on Justice

Pre-trial detention and plea bargaining significantly undermine justice by creating a cascading effect that affects individuals and their families. Those detained before trial often face lengthy incarceration periods, disproportionately impacting minor offenders, including those charged with non-violent crimes. The current legal framework allows for prolonged detention without conviction, where individuals may serve sentences before their trials, challenging the concept of presumed innocence. Despite claims of a 'speedy trial', many defendants experience delays of years, largely exacerbated by a lack of adequate public defense resources. With public defenders overwhelmed by caseloads, individuals typically feel pressured to accept plea deals for time served, leading to convictions without solid evidence of guilt. This scenario highlights critical issues in the justice system, revealing the detrimental cycle of pre-trial detention that fosters coercion rather than fair legal representation and underscores the need for reform in the systems of bail and public defense.

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