Constitutional Justice Act
Prohibits extortion by prosecutors in criminal justice procedures.
Far too long our prosecutors have over-charged criminal defendants, threatening them with very long prison terms to compel defendants to plead guilty to a crime for which they may be innocent or only partially to blame. Examples abound where crimes exist but where a jury might well find the defendant "not guilty" because of only circumstantial evidence against him or her exists. These cases are too often "resolved" by a plea bargain, resulting in prison time. Clearly these tactics by prosecutors are extortion, and an effort to "compel" testimony by the defendant against himself contrary to the Fifth Amendment. It should stop! All crimes should come before a jury just as the U. S. Constitution requires.
Proposed provisions of this "Constitutional Justice Act:"
1. Provisions in criminal statutes shall be revised to eliminate suggestions to prosecutors to offer lessor penalties that would eliminate jury trials upon acceptance of a defendants plea change to guilty.
2. Changes shall be made in all criminal justice statutes where multiple penalties are listed to one penalty for the same crime that reflects the current plea bargain penalty routinely applied for the crime.
3. Provisions shall be placed in the law to allow defendants to petition the court to change the penalty listed in the original information given to the court to the lessor plea offer penalty suggested by a prosecutor during the evidence discovery phase before or during a hearing or trial. Upon receipt of the petition, the court must grant a reduction in the maximum penalty to the one offered by the prosecutor but with the defendant's option to demand a jury trial where all evidence can be presented, including exculpatory evidence, to the jury for a decision.
4. A finding of guilty by a jury shall in no way block the defendant's right to an appeal of the conviction.
5. Any attempt by a prosecutor to offer a lessor penalty on condition of the defendant's rejecting a jury trial is deemed by this act as extortion and is prohibited.
Justifications:
The plea bargains eliminate visibility for the public (contrary to the Sixth Amendment), including family and friends of the defendant. The plea bargain essentially creates a trial between attorneys behind closed doors absent the judge, the defendant, and the public. Defense attorneys must be available to help present exculpatory evidence to a jury, as the Sixth Amendment requires, and not to brow-beat the defendant into accepting plea offers that eliminate jury trials.
It is time to follow Article 3, Section 2 of our U. S. Constitution and require the defendant's access to jury trials for all crimes. Extortion threats to pressure a defendant to confess must be prohibited.
Proposed provisions of this "Constitutional Justice Act:"
1. Provisions in criminal statutes shall be revised to eliminate suggestions to prosecutors to offer lessor penalties that would eliminate jury trials upon acceptance of a defendants plea change to guilty.
2. Changes shall be made in all criminal justice statutes where multiple penalties are listed to one penalty for the same crime that reflects the current plea bargain penalty routinely applied for the crime.
3. Provisions shall be placed in the law to allow defendants to petition the court to change the penalty listed in the original information given to the court to the lessor plea offer penalty suggested by a prosecutor during the evidence discovery phase before or during a hearing or trial. Upon receipt of the petition, the court must grant a reduction in the maximum penalty to the one offered by the prosecutor but with the defendant's option to demand a jury trial where all evidence can be presented, including exculpatory evidence, to the jury for a decision.
4. A finding of guilty by a jury shall in no way block the defendant's right to an appeal of the conviction.
5. Any attempt by a prosecutor to offer a lessor penalty on condition of the defendant's rejecting a jury trial is deemed by this act as extortion and is prohibited.
Justifications:
The plea bargains eliminate visibility for the public (contrary to the Sixth Amendment), including family and friends of the defendant. The plea bargain essentially creates a trial between attorneys behind closed doors absent the judge, the defendant, and the public. Defense attorneys must be available to help present exculpatory evidence to a jury, as the Sixth Amendment requires, and not to brow-beat the defendant into accepting plea offers that eliminate jury trials.
It is time to follow Article 3, Section 2 of our U. S. Constitution and require the defendant's access to jury trials for all crimes. Extortion threats to pressure a defendant to confess must be prohibited.
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