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Opinion – The Power of Plea Bargaining – Prosecutorial Discretion Can Be Good in The Right Hands

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A common misconception of the criminal justice system is that it is as simple as guilty people admitting their guilt and innocent people going free.

The truth in our courtrooms is rarely so clear. Instead, there are layers of issues beyond guilt, including systemic injustice, rushed proceedings, undue pressure and broad prosecutorial discretion on what charges are filed and the length of sentence that will result.

Plea bargaining — an imperfect and often coercive process — usually dictates criminal justice system outcomes, and it can be a tool to either fuel over-criminalization or to obtain restorative and just outcomes, depending on how it is wielded.

In the United States, more than 90 % of criminal cases end in guilty pleas.  Our criminal justice system rarely produces the exciting jury trial scenes from our favorite movies and TV shows; it instead produces the rote theater of back-to-back guilty pleas.

The plea bargaining process that yields the great majority of these guilty pleas is riddled with risks of coercion.  This is especially the case when an accused person is behind bars.

When a person is locked up pretrial, they risk losing their job, losing their home, and even losing custody of their children.

Under these circumstances, there is a strong incentive to plead guilty if it comes with a promise to go home soon.  It is not surprising, then, that studies have shown pretrial detention increases a person’s likelihood of pleading guilty by 46%. 

In Los Angeles, on any given day, approximately 44% of people in County Jail – around 7,500 people – are locked up pre-trial and deciding whether to plead guilty.

The plea bargaining process is also a byproduct of over-burdensome caseloads combined with the time and stress of jury trials.

When there are hundreds of cases to get through in a day in court, the prosecutor, judge, and sometimes even the defense attorney, are all incentivized to resolve cases.

There is precious little time to determine what result will adequately ensure public safety, respect the interests and wishes of victims, and be consistent with the facts.  Every actor in the criminal justice system is faced with incredible pressure to keep the cases moving and get them resolved.

Indeed, it is a truism in the criminal justice world that if every defendant exercised his or her right to trial, the system as it currently operates would cease to function.

Often, these structural problems in the plea bargaining process result in innocent people pleading guilty.  In nearly 11% of the nation’s DNA exoneration cases, innocent people entered guilty pleas.  And these are just the cases where DNA made it possible to overturn a conviction; researchers do not know how many innocent people have in fact pleaded guilty.

Plea bargaining also takes place within the broader systemic racism entrenched in the justice system.

When the plea offer that is made is decided by any person, conscious and unconscious biases create disadvantage and inequality across race, ethnicity, gender, and age.  While research shows that increasing the diversity of prosecutors decreases racial sentencing disparities, 95 % of elected prosecutors in the U.S. are white.

These disparate results are clear when the odds of receiving a plea offer that includes incarceration are almost 70% greater for Black people than white people.

But before you decide it is time to do away with plea bargaining entirely, realize that it can also be used to bring humanity into a justice system that is not built to understand or fix societal problems.

The plea bargaining process can potentially provide a mechanism for reformative and decarcerative efforts to succeed.  It can allow a prosecutor to look at a person and a situation and decide whether treatment, programs, employment or other outcomes would better ensure public safety than jail.

For example, a person experiencing a significant mental health crisis who yells out a threat could be charged with a felony “strike” offense and face years of prison time.  By virtue of the plea bargaining process, a prosecutor has the power to charge a misdemeanor instead, to pursue alternatives to incarceration as a sentence, or to charge no criminal offense at all and instead refer the person to mental health treatment.

Our justice system is far from perfect.  And plea bargaining has many flaws that reflect the larger problems within the system, and society at large.  But in the right hands, prosecutorial discretion provides the power to scale back on mass incarceration, promote public safety, and ensure restorative and just outcomes.

Rachel Rossi is a former candidate for Los Angeles District Attorney and former federal and county public defender in Los Angeles. 

 

 

Michelle Snider

Associate Editor for The Post News Group. Writer, Photographer, Videographer, Copy Editor, and website editor documenting local events in the Oakland-Bay Area California area.

Associate Editor for The Post News Group. Writer, Photographer, Videographer, Copy Editor, and website editor documenting local events in the Oakland-Bay Area California area.

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Smooth Ride! Car Suspension & Comfort Tested #shorts

Smooth suspension meets surprisingly spacious legroom. Experience true comfort on any road!

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Car suspension test demonstrating a smooth ride, comfort features, and handling on various terrains.

Experience the difference smooth suspension makes on rough streets. Check out the surprisingly good second-row legroom – test it yourself for true comfort.

🔗 Watch the full video: https://youtu.be/l9Z571za5Gc

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61 years since Selma, Houston leaders say the bridge remains to be crossed

61 years after Selma, Houston leaders say the fight for equality continues. The issues that sparked the marches still impact Black Americans today.

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Houston leaders discuss the ongoing struggle for civil rights 61 years after Selma, emphasizing the need for continued action.

It has been 61 years since the Selma marches. But political leaders in Houston say that the issues protesters were marching for still plague the lives of Black Americans.

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Here is what you need to know about finding unique white elephant gift ideas that everyone wants to steal

The best white elephant gift ideas are funny enough to get a reaction but useful enough that people actually want to steal them. Look for gifts with a surprise factor, broad appeal, an inside joke, and just enough personality to spark some friendly competition. The wrapping paper comes off, the room goes quiet for half […]

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The best white elephant gift ideas are funny enough to get a reaction but useful enough that people actually want to steal them. Look for gifts with a surprise factor, broad appeal, an inside joke, and just enough personality to spark some friendly competition.

The wrapping paper comes off, the room goes quiet for half a second, and suddenly everyone wants the same gift. That is the sweet spot. A great white elephant pick should make people laugh, lean in, and start plotting their next steal before the turn is even over.

Should a White Elephant Gift Be Funny or Useful?

A white elephant gift can be funny or useful, but the strongest choices usually give people a reason to laugh and a reason to keep the item. A practical gift with an odd design, unexpected feature, or playful theme can get a reaction without becoming something the recipient immediately wants to give away.

The right balance depends on the group. Close friends and family members may enjoy a ridiculous gag gift because they already understand one another’s sense of humor.

A workplace exchange, neighborhood party, or mixed-age gathering usually calls for something with broader appeal. In those settings, humor works better when it is built into an item people could still use afterward.

It also helps to think about how quickly the gift will make sense once it is opened. A strangely shaped kitchen tool, oversized mug, quirky desk accessory, or unexpectedly fancy everyday item can create an immediate reaction. Guests understand the joke right away, while the item still has enough practical value to attract a steal.

Pure gag gifts can be harder to pull off. Something that exists only for the punchline may get a big laugh during the reveal and then sit untouched for the rest of the game. If the goal is to bring one of the gifts everyone keeps fighting over, usefulness gives the joke staying power.

Memorable Present Ideas: Creating Inside Joke Gifts

Inside joke gifts can make a white elephant exchange feel much more personal, especially when most of the group shares the same stories. The trick is choosing a reference that people will recognize quickly instead of building the entire joke around something only two guests understand.

You can turn a memorable vacation mishap, office catchphrase, family story, or long-running group joke into the theme of the gift. A personalized comic book can work especially well when it turns familiar people or a ridiculous shared moment into part of the story. 

Think carefully about who the joke involves before ordering anything permanent. The gift should make the person feel included in the fun, not singled out for the wrong reason.

Can You Bring Something You Already Own?

Holiday gift exchanges can be a good place to re-gift something you never used, especially if it is unopened and clean.

The following can all work if they still look presentable:

  • A duplicate kitchen gadget
  • An untouched game
  • A decorative item
  • A sealed gift set 
  • An unopened candle
  • A new travel accessory

The goal is to give the item a second chance, not use the exchange as an excuse to clear out damaged or unwanted clutter.

Take a close look at the packaging before wrapping it. Faded boxes, missing pieces, visible wear, or anything that looks obviously used can make the gift feel careless. 

Wrapping Budget-Friendly Gifts

Wrapping can make gifts more entertaining before anyone even knows what’s inside.

Misdirection works especially well for fun party games. Put a small gift inside a much larger box. Use packaging from an unrelated household item.

Add harmless weight so guests cannot guess what they are holding. The reveal becomes part of the joke without changing the gift itself.

You can also lean into the theme of the exchange. Bright paper, oversized bows, reusable bags, or deliberately over-the-top wrapping can make an ordinary item feel more memorable. If the gift itself is already funny, simple wrapping may work better so the surprise stays hidden until the last second.

Frequently Asked Questions

Is Picking Last an Advantage in White Elephant?

Picking last can be an advantage because you get to see almost every gift before making your move. Instead of choosing blindly from the remaining wrapped presents, you can steal something that has already caught your attention if the rules still allow it.

That advantage depends on the house rules. Some games limit how many times a gift can be stolen.

Others lock an item once it reaches a certain number of steals. If the most popular gifts are already unavailable, the final player may have fewer strong options than expected.

The first player can also get another turn at the end in some versions of the game. That rule can balance things out, since the person who started with the least information may get one final chance to steal.

How Do You Plan White Elephant for a Large Group?

For a large white elephant exchange, set a firm spending limit and establish the stealing rules in advance.

Create a clear turn order before the game begins. Drawing numbers as guests arrive can save time once everyone is ready to start.

Keep the number of steals per gift limited so the game does not drag on. It also helps to have one person track which creative holiday presents have been stolen and when they are locked, especially if dozens of people are participating.

Can You Play White Elephant Virtually?

A virtual white elephant exchange can work over a video call, with one person keeping track of the turn order and each steal. Guests can either mail physical gifts ahead of time or use digital gifts that can be delivered once the game ends.

Set the spending limit and stealing rules before everyone joins. It also helps to decide how gifts will be revealed and who is responsible for sending each one afterward so the exchange does not become confusing.

Choose a Perfect White Elephant Gift in a Snap

Look for a white elephant gift that fits some of these criteria, and everyone will be trying to grab it at your next celebration.

Do you need more gift-giving tips and tricks? Make sure you read some of our other posts.

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