Plea Bargaining and the For Profit Prison Industrial Complex
Any discussion of systemic racism in America would be incomplete without mentioning how race impacts the criminal justice system. It should not be surprising to anyone to hear that the black population is overrepresented in the what Angela Davis has termed the prison industrial complex (Lentin, 2020). 37% of America’s prison population is black, yet blacks are only 12% of the total US population (Bureau of Justice Statistics, 2014). In fact, the for-profit private prison industry uses the labor of the prisoners by farming it out to American corporations, who pay pennies on the dollar for prison labor (Pelaez, 2019). And this is just part of the problem. Clearly there is a conflict of interest in the criminal justice system if there is a for-profit industry that profits from incarcerations. But why do blacks make up such a large percentage of the prison population? Most people will say it is because they are the ones committing all the crime. But that answer neglects to consider how the criminal justice system actually works and the role that plea bargaining plays in the system.
Defense attorneys are expensive, and everyone knows that one gets what one pays for. Public defenders are not going to provide the best defense for the accused. They might provide some, but the reality of the situation is that most people who are charged accept a plea bargain because they are pressured into it by the office of the prosecutor; they are threatened with...
References
Bureau of Justice Statistics. (2014). Prisoners in 2013. Retrieved from https://www.bjs.gov/content/pub/pdf/p13.pdf
Grossman, S. P. (2005). An Honest Approach to Plea Bargaining. Am. J. Trial Advoc., 29, 101.
Lentin, R. (2020). Incarceration, Disavowal and Ireland’s Prison Industrial Complex. In The Carceral Network in Ireland (pp. 259-278). Palgrave Macmillan, Cham.
Nilsen, E. S. (2007). Decency, Dignity, and Desert: Restoring Ideals of Humane Punishment to Constitutional Discourse. UC Davis L. Rev., 41, 111.
Pelaez, V. (2019). The Prison Industry in the United States: Big Business or a New Form of Slavery? Retrieved from https://www.globalresearch.ca/the-prison-industry-in-the-united-states-big-business-or-a-new-form-of-slavery/8289
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