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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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PRESS ROOM: The Allen Lewis Agency Named Ally Supplier Diversity: Supplier of the Year for 2024

NNPA NEWSWIRE — “This recognition from Ally is deeply appreciated,” said Chandra Lewis, co-founder and COO of TALA. “Receiving Ally’s Supplier Diversity: Supplier of the Year award is a testament to the strength of our team, our strategic approach and our ability to use relationships to deliver meaningful business results for our clients.”
The post PRESS ROOM: The Allen Lewis Agency Named Ally Supplier Diversity: Supplier of the Year for 2024 first appeared on BlackPressUSA.

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DETROIT– Ally Financial has recognized The Allen Lewis Agency, a full-service marketing and communications agency, as its Supplier Diversity: Supplier of the Year for 2024. The award was given at the Ally 4th annual Supplier Diversity & Sustainability Symposium, on Feb. 29 in Charlotte, N.C.

In 2023, TALA led media outreach and marketing efforts for the fifth anniversary of Moguls in the Making, Ally’s HBCU entrepreneurial pitch competition. It also introduced the brand to new opportunities such as the American Black Film Festival (ABFF), where Ally led a panel on financial education for filmmakers, and leveraged professional connections and years of experience in multicultural marketing to amplify Ally’s partnership with UnitedMasters.

“We are honored to work with Ally and its incredible team members,” said Jocelyn (Allen) Coley, co-founder and CEO of TALA. “The work Ally is doing to bring financial education to a more diverse, multicultural audience through outreach to the creator community aligns with our own passions and priorities. We’re proud to be part of programs such as Moguls in the Making, the American Black Film Festival, and Art Basel, raising awareness within a diverse, often underrepresented audience.”

Ally, the nation’s largest all-digital bank, started its supplier diversity program in 2020 to highlight its commitment to supporting the advancement of an inclusive and sustainable marketplace. The brand strives yearly to increase its spending with diverse suppliers – creating economic value, mobility, and a sustainable future for all.

“When Ally launched its Supplier Diversity program four years ago, our goal was to build an ecosystem of partners and suppliers who truly represented our communities,” said TJ Lewis, Ally senior director of Supplier Diversity and Sustainability. “From the beginning, TALA’s success in forging connections between Ally and minority-focused media has greatly expanded the visibility of our brand to the audiences we most want to reach. Their work is worthy of recognition.”

“This recognition from Ally is deeply appreciated,” said Chandra Lewis, co-founder and COO of TALA. “Receiving Ally’s Supplier Diversity: Supplier of the Year award is a testament to the strength of our team, our strategic approach and our ability to use relationships to deliver meaningful business results for our clients.”

About The Allen Lewis Agency:

The Allen Lewis Agency (TALA) is a full-service marketing and communications agency committed to helping clients build their brands and expand their business through a range of services including strategic brand development, media relations, diversity, equity and inclusion, advertising, events and reputation management. Founders Jocelyn (Allen) Coley and Chandra S. Lewis bring more than 40 combined years of corporate experience with a breadth and depth of services that are unmatched. Now in its eighth year in business, TALA is a certified Minority Business Enterprise, Women Business Enterprise, Women-Owned Small Business and a certified Association of National Advertisers diverse supplier that has employed a national team of experts who have decades of experience servicing major brands with positive measurable results. Learn more about The Allen Lewis Agency at https://www.theallenlewisagency.com.

The post PRESS ROOM: The Allen Lewis Agency Named Ally Supplier Diversity: Supplier of the Year for 2024 first appeared on BlackPressUSA.

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OP-ED: A Silent Killer No More

NNPA NEWSWIRE — Data from Mount Sinai Medical Center in New York City shows that more than 13 percent of African American men between the ages 45 and 79 will develop prostate cancer in their lifetimes. And Black men have a 70 percent higher rate of developing prostate cancer than White men. The American Cancer Society also shockingly predicts that Black men are more than twice as likely to die from prostate cancer than their White counterparts.
The post OP-ED: A Silent Killer No More first appeared on BlackPressUSA.

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By Hamil R. Harris, NNPA Contributing Writer

Political provocateurs are determined to stir up controversy over Defense Secretary Lloyd Austin’s failure to tell President Biden about his treatment for prostate cancer. Yet, his desire to keep the matter private—and out of the public eye—is in line with what many men, particularly men of color, have done for decades. The reticence to share details of a medical condition is understandable, but prostate cancer is a silent killer in the Black community and the time has come to give it a voice.

In the words of Dr. Martin Luther King Jr., whose son Dexter recently passed from prostate cancer, I ask: How long? How long will Men of color suffer in silence and die alone? How long will too many brothers hide their plight?

When he finally commented publicly about his condition, Austin offered regrets about keeping silent and then made an important pledge. He said that by not initially disclosing his diagnosis, he “missed an opportunity to send a message on an important public health issue,” while noting the prevalence of prostate cancer, particularly among Black men. Encouraging all men to get screened, Austin promised, “You can count on me to set a better example on this issue today and for the rest of my life.”

Any cancer diagnosis is a private matter. But men like Dexter King and Austin can help so many others who are prone to prostate cancer. Keeping the surgery and treatment a secret would only have continued to add to the stigma surrounding prostate cancer. That would have been a disservice to the thousands of men of color diagnosed annually.

Indeed, data from Mount Sinai Medical Center in New York City shows that more than 13 percent of African American men between the ages 45 and 79 will develop prostate cancer in their lifetimes. And Black men have a 70 percent higher rate of developing prostate cancer than White men. The American Cancer Society also shockingly predicts that Black men are more than twice as likely to die from prostate cancer than their White counterparts.

These figures are appalling when considering that prostate cancer is one of the most treatable forms of the disease with the five-year survival rate for men diagnosed with it being greater than 99 percent if the cancer is detected during the early stage.

While there are numerous reasons for why this disparity between Black and white men exists – decades of structural racism, environmental issues, certain comorbidities, different molecular pathways in the body of Black men – a great deal of the reason comes down to the fact that Black men are disproportionately not being screened for prostate cancer as early or as regularly as White men.

A recent study published in JAMA Oncology by a team at the University of Michigan Rogel Cancer Center found that Black men get fewer PSA (prostate specific antigen) screenings; they are more likely to be diagnosed with later stage cancer; they are less likely to have health insurance; and they have less access to high-quality care and other disparities that can be linked to a lower overall socioeconomic status.

Given his platform as Secretary of Defense, I am happy that Austin recognized his duty to be open and honest about his battle with this disease. And in doing so, he now joins groups and individuals who are already working on spreading awareness for prostate screenings who can act as guideposts.

For example, Mount Sinai Medical Center recently unveiled the Robert F. Smith Mobile Prostate Cancer Screening Unit, which will visit New York City neighborhoods where men could be at a higher risk of developing prostate cancer.  The mobile home sized bus is named after the African American philanthropist and venture capitalist who donated almost $4 million to launch the program. Smith, who has led many philanthropic endeavors aimed at supporting the African-American community, obviously realizes that it takes a preemptive approach to combat the scourge of prostate cancer by going directly into the communities most affected by the disease. In announcing the prostate screening initiative, Smith tied it to larger inequities in our society that leave African Americans behind. “It’s unconscionable that in our great country and at this moment of technological breakthrough, Black Americans are still subject to staggeringly worse health outcomes,” he said. “We can fix this.”

Thankfully there are individuals like Smith and now Austin to use their platforms to spread awareness for this deadly – yet very treatable – form of cancer and ensure that more people don’t die needlessly.

Hamil R. Harris is an award-winning journalist and contributing writer for the NNPA

The post OP-ED: A Silent Killer No More first appeared on BlackPressUSA.

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Chevrolet and National Newspaper Association Offer Summer Internship: Discover the Unexpected Fellowship

NNPA NEWSWIRE — The importance of diverse storytelling has never been more evident, and Chevrolet, in partnership with the NNPA, is committed to empowering the next generation of storytellers. By offering this once-in-a-lifetime opportunity, the DTU Fellowship seeks to make a lasting impact on both the individuals selected and the media landscape. The application window for the DTU Fellowship closes on April 1, 2024.
The post Chevrolet and National Newspaper Association Offer Summer Internship: Discover the Unexpected Fellowship first appeared on BlackPressUSA.

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By Stacy M. Brown, NNPA Newswire Senior National Correspondent
@StacyBrownMedia

In a bid to amplify Black voices and highlight diverse stories, Chevrolet, in collaboration with the National Newspaper Publishers Association (NNPA), invites budding journalists, content creators, and communications enthusiasts to embark on the summer internship of a lifetime through the Discover the Unexpected (DTU) Fellowship.

The DTU Fellowship is geared towards students of historically Black Colleges and Universities (HBCUs) who are passionate about storytelling and eager to contribute to the media landscape. This opportunity offers a platform for aspiring journalists and provides financial support in the form of a $10,000 scholarship and an $8,000 stipend.

One of the key aspects of the DTU Fellowship is the chance to collaborate with some of the largest and most influential Black-owned newspapers in the community. The collaboration aims to bridge the gap between emerging talents and established media outlets, fostering an environment of mentorship and shared knowledge.

The selected DTU fellows will embark on a transformative journey beyond conventional internships. This experience promises exploration, learning, and, most importantly, amplifying their voices. The fellowship recognizes the unique perspectives of HBCU students and aims to provide a platform for these voices to be heard.

What sets the DTU Fellowship apart is the hands-on guidance and mentorship provided by industry professionals who understand the power of diverse perspectives. Fellows can elevate content and gain career-building knowledge through interactions with seasoned journalists and media experts.

The importance of diverse storytelling has never been more evident, and Chevrolet, in partnership with the NNPA, is committed to empowering the next generation of storytellers. By offering this once-in-a-lifetime opportunity, the DTU Fellowship seeks to make a lasting impact on both the individuals selected and the media landscape.

As the application deadline approaches, interested individuals are encouraged to take advantage of this extraordinary opportunity. The application window for the DTU Fellowship closes on April 1, 2024. The tight deadline emphasizes the urgency and exclusivity of the opportunity, urging potential applicants to act promptly.

The Discover the Unexpected Fellowship by Chevrolet and the National Newspaper Association represents a unique chance for HBCU students to receive financial support for their education and gain invaluable hands-on experience in collaboration with influential Black-owned newspapers. By taking part in this transformative journey, aspiring journalists have the opportunity to leave a lasting impact on the media industry. Don’t miss out on the chance to elevate your content and amplify your voice – apply before the April 1, 2024 deadline!

The post Chevrolet and National Newspaper Association Offer Summer Internship: Discover the Unexpected Fellowship first appeared on BlackPressUSA.

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