Plea bargaining is a bedrock of our criminal justice system. Governments simply don't have the money to take every criminal defendant to trial. They rely on the fact that a large proportion of defendants will opt for a plea deal if it means less prison time.Our...
plea agreements
How common are wrongful misdemeanor convictions?
If you were charged with a misdemeanor, you might decide to plead guilty just to get out of jail and go home. By definition, the penalty for a misdemeanor must be less than a year behind bars, and most people receive far less than that. In many cases, a guilty plea...
Some exonerees remain legally guilty due to ‘Alford’ pleas
When evidence of a convicted person's actual innocence comes forward, we imagine that prosecutors immediately ask a judge to void the conviction and release the defendant. We imagine the judge apologizing on behalf of the state. Later, depending on the circumstances,...
Supreme Court to determine eligibility for reduced sentences
In the federal justice system, most criminal sentences are determined by formulas in the Federal Sentencing Guidelines. The guidelines are determined by an agency called the U.S. Sentencing Commission.Sometimes the Sentencing Commission determines that the sentencing...
Examining racial disparities in sentencing and plea bargaining
In many ways, news that disparities exist in the U.S. criminal justice system based on race evoke thoughts of Captain Renault, Claude Rains' character in "Casablanca," shutting down Rick's Café and exclaiming, "I'm shocked, shocked to find that gambling is going on in...
Milwaukee man reoffered plea deal in sexual assault case
When people in Milwaukee and elsewhere have been charged with a sexual offense they face potential consequences that can affect their lives and the lives of their loved ones in the present and future. A sex crimes conviction could lead to prison time, fines and the...
Milwaukee man pleads guilty to six counts of child pornography
In cases in which those accused of serious crimes face mounting evidence, a meaningful strategic plan may be used as a way to obtain a lesser punishment. Sometimes, it may be to the defendant's advantage to plead guilty to an offense if he or she is offered a plea...