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

Published

6 years ago

October 15, 2020

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.

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NFL: Week Two Recap | Jalen Hurts did not fold; Caleb Williams exits game with injury

Philadelphia Eagles quarterback Jalen Hurts found Darius Cooper with nine seconds left for the game winning touchdown as his team beat the Tennessee Titans 24-20 in Nashville. Hurts finished the day 26/37 for 264 yards. He threw for two touchdowns and two interceptions. Prior to the final drive, the Eagles ran 25 plays for 45 […]
The post NFL: Week Two Recap | Jalen Hurts did not fold; Caleb Williams exits game with injury appeared first on BlackPressUSA.

Published

1 week ago

September 20, 2026

Oakland Post

Prior to the final drive, the Eagles ran 25 plays for 45 yards. During the final drive Hurts went 6-8 with 61 passing yards and the touchdown. Titans defensive tackle — and team captain — Jeffery Simmons said this week that the way to defend Jalen Hurts is to make him “play quarterback.”

Hurts said to Simmons after today’s game: “You started that sh**. I had to finish it.”

Running back Saquon Barkley suffered a stinger in the first half but he ultimately finished the game. He had four carries and nine yards and one catch for eleven yards. He will get an MRI for his injury, but admitted to Cameron Wolfe of the NFL Network he was fine.

Caleb Williams leaves game against Vikings with apparent lower-body injury

Chicago Bears quarterback Caleb Williams was helped off the field with a right leg injury with 7:42 remaining in the fourth quarter. Williams was down, writhing in pain after scrambling to his left. After departing the injury tent, Williams raised his right fist, acknowledging the crowd while expressing his frustration. Testing will commence on Monday to find out more details about his injury.

“We’ll know tomorrow,” Johnson admitted regarding Williams’ injury. “He’s in good spirits. He’s a team player.”

Williams finished the day with 138 passing yards and one interception.

“I’m actually happy it’s nothing with the knee — that was my first inclination,” Johnson said. “But, a hamstring could be pretty damaging as well. So, we’ll see. We’ll see how bad it is tomorrow and we’ll go from there.”

Bryce Young once again dominated the Falcons

Carolina Panthers quarterback Bryce Young is 5-1 against the Atlanta Falcons and is undefeated at Mercedes-Benz Stadium. Today, Young threw for 287 yards and three touchdowns as he led the Panthers to a 34-3 dismembering of the Atlanta Falcons. Georgia Tech alumnus Darren Waller caught two touchdowns and linebacker Devin Lloyd returned one of his two interceptions for a touchdown.

Cooper Rush started his second straight game for the Falcons and it did not go well. The partisan crowd voiced their displeasure after Rush completed 10/17 passes for 86 yards and two interceptions. Jack Strand entered the game for Rush prompting cheers from the Falcons fans. The rookie threw a pick-six on his first career pass attempt. Strand was the first QB to accomplish that feat since Sam Darnold in 2018 and is the first Falcons player to do that since Brett Favre in 1991. Strand finished the day with 59 passing yards and 16 rushing yards.

According to reports, quarterback Michael Penix, Jr. is expected to make his season debut this Thursday at the Green Bay Packers. His return should help the Falcons. They are the first team since the 2008 Rams to not run any plays in the red zone after the first two games to open a season.

The bright spots for the Falcons today were the Spelman College Jaguarettes performing with the Falcons cheerleaders and Florida A&M’s marching band, The Marching 100, also performed during halftime!

Jayden Daniels gets carted off after apparent arm injury

Washington Commanders quarterback Jayden Daniels appeared to injure his left elbow on the final play of the first half in his game against the Dallas Cowboys. During the play, Daniels got stepped on, braced himself for the fall, and his elbow bent the wrong way. Daniels draped a towel over his head as he exited the field on the cart.

He was later ruled out.

Daniels suffered a dislocated elbow to the same arm during week nine of last season against the Washington Commanders, which led to him being shut down for the remainder of the season.

The post NFL: Week Two Recap | Jalen Hurts did not fold; Caleb Williams exits game with injury appeared first on BlackPressUSA.

Oakland Post

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The Complete Negotiation Framework — Every Stage, Every Tactic, Every Win

Master the complete vehicle-purchase negotiation framework with Roosevelt Gist and Roosevelt. Learn every stage, tactic, and win!
The post The Complete Negotiation Framework — Every Stage, Every Tactic, Every Win appeared first on BlackPressUSA.

Published

1 week ago

September 20, 2026

Oakland Post

Negotiation framework stages, tactics, and winning strategies from AutoNetwork

Roosevelt Gist and Roosevelt deliver the complete vehicle-purchase negotiation framework in Episode 8 of The Color of Our Money Is Green. This episode covers the three foundations of every effective negotiation, the full seven-stage negotiation sequence with exact language for every stage, and five of the most common dealership tactics with the specific response each one requires.
What You Learn in This Episode:
The three foundations that make every negotiation tactic work
The complete seven-stage car-buying negotiation sequence
Exact language for every stage of the dealership conversation
Five common dealership tactics — the turnover, the four-square, the packed payment, spot delivery, and forced add-ons — and how to counter each one
Why signing preliminary paperwork isn’t the same as signing the final contract
___________________________________________________________________
“The Color of Our Money Is Green: A Buyer’s Guide to What Cars Actually Cost” — stan.store/RGist
____________________________________________________________________
AutoNetwork helps serious car shoppers inspect any new vehicle online before walking into a dealership. I’m Roosevelt — I’ve been reviewing cars and shaping digital car buying and credit union auto leasing since before YouTube car reviews existed.
You’ll find detailed walkaround reviews, POV test drives, and buyer-focused breakdowns covering comfort, space, features, and real-world value.

How to use the channel:
Watch the walkaround of the car you’re considering
Visit AutoNetwork.com for the full review
Check CouponsOffersAndDeals.com for current dealer specials
Walk in already knowing what you want — and what it should cost

AutoNetwork.com
CouponsOffersAndDeals.com
Affiliate disclosure: some links earn a small commission at no cost to you and help support the channel. Insta360 is one of those partners.

The post The Complete Negotiation Framework — Every Stage, Every Tactic, Every Win appeared first on BlackPressUSA.

Oakland Post

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Mazda CX-90 Luxury: Heated Seats & Premium Comfort! #shorts

Stay toasty in the CX-90! Plush Nappa leather, heated/ventilated seats, and a memory-equipped heated steering wheel deliver ultimate luxury.
The post Mazda CX-90 Luxury: Heated Seats & Premium Comfort! #shorts appeared first on BlackPressUSA.

Published

1 week ago

September 20, 2026

Oakland Post

Mazda CX-90 interior with heated seats offering premium comfort.

Experience ultimate comfort in the CX-90. Nappa leather, heated/ventilated seats, 8-way power adjustments, and memory settings for both front passengers. The heated steering wheel with memory tilt/telescope adds premium convenience.

Watch the full video: https://youtu.be/EH5A4eQ4ipY