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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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High Court Opens Door to Police Accountability

BLACKPRESSUSA NEWSWIRE — The U.S. Supreme Court unanimously rejected a judicial doctrine that for years shielded law enforcement officers from civil liability in police shooting cases by allowing courts to assess force based only on the final moments before an officer pulled the trigger.

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By Stacy M. Brown
Black Press USA Senior National Correspondent

The U.S. Supreme Court unanimously rejected a judicial doctrine that for years shielded law enforcement officers from civil liability in police shooting cases by allowing courts to assess force based only on the final moments before an officer pulled the trigger. In Barnes v. Felix, the high court struck down the Fifth Circuit’s “moment-of-threat” rule, which had been used to justify the 2016 killing of Ashtian Barnes, a Black man shot during a traffic stop outside Houston. Officer Roberto Felix fired two shots into Barnes’s moving car after stepping onto the doorsill. The lower courts determined that only the two seconds before the shooting—when Felix was holding onto the vehicle—mattered in deciding whether the use of deadly force was reasonable. The Supreme Court disagreed. Writing for the unanimous Court, Justice Elena Kagan made clear that determining whether an officer’s use of force is reasonable under the Fourth Amendment requires an analysis of the totality of the circumstances, including all events leading up to the shooting. “A court deciding a use-of-force case cannot review the totality of the circumstances if it has put on chronological blinders,” the Court ruled.

The victim’s mother, Janice Barnes, brought the case under Section 1983, alleging that Felix violated her son’s constitutional rights. The ruling sends the case back to the lower courts for reconsideration under the broader standard set by the Supreme Court. According to the Constitutional Accountability Center (CAC), the Court’s ruling solidifies that police do not have special constitutional status and should be held to the same accountability standards. “The moment-of-threat rule is entirely unsupported by the Constitution’s text and history,” said Nargis Aslami, a fellow at CAC. Chief Counsel Brianne Gorod added, “The Court took a small but important step toward greater accountability for police officers who violate the Fourth Amendment by inflicting unnecessary violence during their encounters with the public.” The ruling comes as data continue to show disproportionate police encounters and violence against Black Americans. A NAACP Criminal Justice Fact Sheet revealed that a Black person is five times more likely than a white person to be stopped without just cause. Black men are twice as likely to be stopped as Black women. Meanwhile, 65% of Black adults say they have felt targeted because of their race.

Each year, between 900 and 1,100 people are shot and killed by police in the United States. Since 2005, at least 98 non-federal law enforcement officers have been arrested for fatal on-duty shootings. Still, only 35 have been convicted—and just three have been convicted of murder with the convictions upheld. Recent data from the Prison Policy Initiative show that while white residents are most likely to initiate contact with police—for reasons like reporting crimes or seeking help—Black, Hispanic, and Asian individuals are more likely to be on the receiving end of police-initiated contact, including street stops, traffic stops, and arrests. Traffic stops, which remain the most common form of police-initiated contact, are also among the most lethal. According to Mapping Police Violence, over 100 police killings occurred during traffic stops in 2023. The Bureau of Justice Statistics reports that 62% of Black people whose most recent police contact in 2022 was initiated by officers were drivers in traffic stops. That compares to 56% to 59% among other racial groups. Black drivers were searched or arrested at a rate of 9%—more than double that of white drivers and significantly higher than Hispanic or Asian drivers. “The Supreme Court’s decision in Barnes v. Felix is crucial not only for police accountability but also for broader constitutional protections,” the North Star Law Group wrote in a post. “If the Court upholds the ‘moment of threat’ standard, it could make it even harder to hold officers accountable for excessive force. However, if it reinforces the ‘totality of circumstances’ standard or adopts a hybrid approach, it could create a fairer system that protects both civilians and responsible police officers.”

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Workplace Inequity Worsens for Black Women

BLACKPRESSUSA NEWSWIRE — Meanwhile, they remain underrepresented in high-wage fields like tech, law, and executive management—even when they hold the degrees and credentials to qualify.

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By Stacy M. Brown
Black Press USA Senior National Correspondent

Black women remain the backbone of the U.S. labor force—working more, earning less, and bearing greater burdens across nearly every sector. Even as the country added 177,000 jobs in April, Black women lost 106,000 positions, the steepest decline of any group. Their unemployment rate jumped to 6.1%, according to the U.S. Bureau of Labor Statistics. But the losses go far deeper than a single month of data. Research shows Black women are not only overrepresented in low-wage industries like care, cleaning, education, and food service—they are also consistently denied advancement and paid significantly less than white male peers, even with the same credentials. In its July 2024 report, the Institute for Women’s Policy Research (IWPR) found Black women working full-time, year-round earned just 69.1 cents for every dollar paid to white men. That figure drops to 49.6 cents in states like Louisiana. “Black women consistently have higher labor force participation rates than other demographics of women,” officials from the National Partnership for Women and Families wrote. Yet those higher participation rates have not translated into pay equity or job security.

The earnings gap grows wider with age. For example, Black women aged 56 to 65 working full-time, year-round, earn just 59.3 cents for every dollar paid to white men in the same age group. Those in leadership roles report disproportionately high dissatisfaction with pay and access to advancement, with 90% of women of color in management saying systemic barriers hinder workplace progress. Additionally, according to a 2022 Health Affairs report, more than one in five Black women in the labor force are in health care—more than any other group. However, nearly two-thirds of them work as licensed practical nurses or aides, and 40% are in long-term care. These roles are among the lowest-paid and highest-risk in the industry, often involving grueling schedules, poor benefits, and unsafe conditions. Beyond health care, the National Employment Law Project found that more than half of Black women work in jobs where they are overrepresented, such as childcare, janitorial work, and food preparation. Meanwhile, they remain underrepresented in high-wage fields like tech, law, and executive management—even when they hold the degrees and credentials to qualify.

In Boston, Charity Wallace, a 37-year-old biotech professional, and Chassity Coston, a 35-year-old middle school principal, both say they’re leaning heavily on community and mental health strategies to cope with workplace challenges. “It’s a constant fight of belonging and really having your girlfriends or your homegirls or my mom and my sister,” Wallace told NBC News. “I complain to them every day about something that’s going on at work. So having that circle of Black women that you can really vent to is important because, again, you cannot let things like this sit. We’ve been silenced for too long.” Limited opportunities for promotion and sponsorship compound the isolation many Black women feel in their workplaces. In 2024, writer Tiffani Lambie described the “invisible struggle for Black women” at work. “The concept of ‘Black Girl Magic’ contributes to the notion that Black women are superheroes,” she wrote. “Although the intent of this movement was to empower and celebrate the uniqueness of Black women, the perception has also put Black women at greater risk of anxiety and depression—conditions that are more chronic and intense in Black women than in others.”

She warned that workplace conditions—marked by fear, lack of support, and erasure—threaten to push more Black women out of leadership and career pipelines. “If left untouched, the number of Black women in leadership and beyond will continue to decline,” Lambie wrote. “It is incumbent on everyone to account for these experiences and create an equitable and safe environment for everyone to succeed.” The Urban Institute recently spoke with a Black woman who transitioned from part-time fast food work to a full-time data entry role after completing a graduate degree. The job offered her better pay, health insurance, and stability. “It gives you a sense of focus and determination,” she said. “Now, I can build my career path.”

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Black Women Decimated by Job Loss in Trump Economy

BLACKPRESSUSA NEWSWIRE — The number of employed Black women dropped from 10.325 million in March to 10.219 million in April. Their unemployment rate jumped from 5.1% to 6.1%, the largest month-to-month increase among all racial and gender groups.

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By Stacy M. Brown
Black Press USA Senior National Correspondent

According to newly released data from the U.S. Bureau of Labor Statistics, black women experienced the steepest job loss of any demographic group in April, shedding 106,000 jobs. The April report shows a significant setback for Black women in the labor market, even as the U.S. economy added 177,000 jobs and the national unemployment rate held steady at 4.2%. The number of employed Black women dropped from 10.325 million in March to 10.219 million in April. Their unemployment rate jumped from 5.1% to 6.1%, the largest month-to-month increase among all racial and gender groups. Among other findings, the labor force participation rate for Black women edged to 61.2%, indicating a loss in employment and a possible decline in overall workforce engagement. The unemployment rate for white women remained unchanged at 3.3%. Hispanic women’s unemployment also held at 4.6%. Women in other groups generally do not face the dual barriers of racial and gender discrimination that Black women contend with, a factor in the jobless rate gap.

The overall Black unemployment rate rose to 6.3% in April, up from 6.2% in March, marking the third straight monthly increase and the highest rate since January. In contrast, Black men saw a gain in employment, dropping their jobless rate from 6.1% to 5.6%. Asian Americans had the lowest unemployment rate in April at 3.0%, while the rate for Hispanic Americans was 5.2% and 3.8% for white Americans. HBCU Money reported that the number of Black women employed is now at a five-month low, while the number of unemployed Black women is at a five-month high. Economist William Michael Cunningham, owner of Creative Investment Research, told BLACK ENTERPRISE that the number of unemployed Black Americans increased by 29,000 in April, reaching nearly 1.4 million. At the same time, the total Black labor force declined by 7,000. “The unusual nature of this increase in Black women’s unemployment is a testament to and a direct result of the anti-DEI and anti-Black focus of the new administration’s policies,” Cunningham said. “This is demonstrably damaging to the Black community, something we have not seen before.”

Cunningham noted that many Black women are searching for jobs but not finding them. He said eliminating diversity, equity, and inclusion roles and cuts in federal government jobs are key contributors. The BLS reported that federal government employment dropped by 9,000 in April and is down 26,000 since January. “For Black women, the numbers show that those seeking work are not finding jobs,” Cunningham said. “The jobs that have traditionally been a path to stability are disappearing.” Nationwide, job growth continued in health care, transportation and warehousing, financial activities, and social assistance. Average hourly earnings increased by six cents to $36.06. The Employment Situation for May is scheduled for release on Friday, June 6.

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