4.8 • 1K Ratings
🗓️ 1 August 2018
⏱️ 61 minutes
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TV courtroom dramas would have you believe that the trial is a major part of the criminal justice process. But most defendants don’t go to trial. Instead, most defendants decide to plead guilty—even when they are innocent.
What is a plea deal, exactly, and how does it function? Who negotiates a plea deal and who approves it? What are the benefits to the state? What are the benefits for defendants? And more importantly, how do plea deals reduce protections for individuals ensnared in the criminal justice system?
On this episode, we’ll answer all these questions and more. We’ll also be talking to Professor Alexandra Natapoff, a law professor at University of California, Irvine, and one of the foremost experts on plea bargaining in America.
For more on plea bargaining, check out our website at https://theappeal.org/topics/podcasts/
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0:00.0 | If we had to litigate every single case, if we had to go to trial in every single case, |
0:07.0 | the government's resources would be much more constrained, it would be much more difficult for them to arrest and most importantly |
0:14.0 | prosecute and sentence and punish as many people as it does. |
0:18.0 | plea bargaining thereby really goes hand in hand with mass incarceration. |
0:22.8 | We couldn't afford mass incarceration, as it were, |
0:26.4 | if we didn't have plea bargaining. |
0:27.8 | Hey everyone, I'm Clint Smith and I'm Josie Duffy Rice. This is Justice |
0:37.4 | in America. Each show we discuss a topic in the American criminal justice |
0:41.3 | system and try to explain what it is and how it works. |
0:44.8 | Thank you everyone for joining us today. |
0:46.8 | You can find us on Twitter at Justice underscore Podcast. |
0:50.9 | You can like our Facebook page at Justice in America and |
0:54.1 | subscribe and rate us on iTunes. We'd love to hear from you. |
0:57.3 | We started the show with a clip from our guests, Alexandra Nadapoth, who was a |
1:01.5 | professor of law at the University of California Irvine School of Law. |
1:05.0 | She'll join us later in the show to help us discuss today's topic. |
1:08.0 | And today we're talking about plea deals. |
1:11.0 | Yep, also known as plea bargaining, coping the plea, cutting a deal, you get the point. |
1:16.5 | So now plea deals are really important in the American criminal justice system, like astronomically |
1:22.3 | important, but before we get to how important... a plea bargaining. Well, a plea bargain is basically when a defendant pleases guilty in exchange for a lesser sentence. |
1:37.3 | So in theory, and I stress in theory a plea bargain process kind of looks like this. So a defendant is accused of committing a crime and the person is clearly guilty like there's evidence beyond a reasonable doubt of their guilt. |
1:50.0 | The prosecution offers them a deal, either a lesser |
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