Decrease the rate of Over-Charging

Decrease the rate of Over-Charging

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Cody Phan started this petition to anyone who would like to make a change

Criminal Over-Charging is a big problem in Criminal Justice. Over-Charging is charging someone extra charges. Prosecutors (people who put charges on you) do this so that you're forced to take the plea bargain. Plea Bargain is an option where you can choose it so you no longer have to spend time in court defending yourself and just go to jail but they reduce the time you have to be there. But people don't know that you really only have to win the first charge they give you, they just put extra to pressure you into taking the bargain. I want to change this and help people understand that you should take a Plea Bargain and help them make the right decision when being overcharged. 

A solution is banning plea bargaining so that every criminal charge filed would have to be backed up in open court. Plea bargaining is where the defendant will take it in order to have less court time and less jail time. For example, if the defendant was charged with trespassing and then overcharged with stalking and burglary, the defendant thinks they have to win all 3 trials but in reality, they have to win 1. But prosecutors do this so they have less time in their trials. This solution can help:

Judges getting more involved in the process by letting defendants know the range of sentences likely if convicted at trial.
Stoping the high plea bargain rates of 90-95% rate of both federal and state court cases are resolved through this process. 
Using this can help the rate of plea bargains and actually have the prosecutors show the defendant why they deserve the charge they were given. 

Another solution is, making the prosecutors pay for the legal fees overall trials. For example, if the defendant is charged with 20 offenses but only convicted of one, the prosecutor should pay 95% of the defendant’s legal fee. This solution can help:

Stop overcharging
This can help stop overcharging knowing that the prosecutor has to pay more if they were to overcharge them. Currently, there is a rule called the ¨American Rule¨ where it states that each party will pay their own fees. There are exceptions to this rule right now where the prosecutors will pay for your fees; is if you signed a contract with the prosecutor.

The last solution is, not granting prosecutors immunity. Prosecutors have immunity to where they cant be sued. This means if you can’t sue them for making you pay legal fees, making you go through a long process, etc.; but they can sue you. This solution can help:

Decrease the plea bargain rates
Decrease overcharging rates
When they are not granted immunity, they will feel vulnerable because they have no protection if they do something wrong, so they would not overcharge or force someone to take a plea because if they mess up on something, they could get sued.

 

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