![[ANALYSIS] The injustice and moralism of plea-bargaining in drugs cases](https://i.headtopics.com/images/2023/5/29/rapplerdotcom/analysis-the-injustice-and-moralism-of-plea-bargai-analysis-the-injustice-and-moralism-of-plea-bargai-1663115736519262208.webp)
'We found that plea-bargaining was really anti-poor and served the interests of judges, prosecutors, and lawyers more than anyone else.' ThoughtLeaders
In 2017, the Supreme Court introduced plea-bargaining in drug-related criminal cases to expedite the disposition of these cases. What motivated this reform? What did the reform indicate about our courts’ response to or role in the government’s war on drugs?
Plea-bargaining enables defendants to plead guilty to a less serious crime than the crime for which s/he was originally charged leading to a conviction and lighter punishment. It was banned for drug-related cases under Section 23 of the Comprehensive Dangerous Drugs Act. However, on August 15, 2017, the Supreme Court struck down the ban and allowed plea-bargaining in drug-related cases.
Before the introduction of plea-bargaining, these drug-related cases were often dismissed because of irregularities committed by the police. In fact, our respondents from among both prosecutors and public defendants agree that police’s evidence were sloppy at best, or worse, planted. However, acquittals were anathema to the government’s war on drugs.
Plea-bargaining was seen by legal professionals as a win-win solution. Prosecutors and judges were assured of a conviction as demanded by the government’s war on drugs policy – rather than acquittal as the evidence demanded. Despite this, public defendants could also still think of themselves as having done defendants a favor. This is because plea-bargaining typically involves the condition that defendants undergo drug rehabilitation rather than imprisonment for a drug offense.
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