WEDNESDAY, JANUARY 7, 2009
Plea Bargaining v Trial: Perspective From A Federal Prisoner
This morning I walked Taft’s dirt track with John, who self-surrendered to Taft Camp in December. John is serving a sentence of one year and one day for tax evasion. In a cubicle adjacent to mine, my friend Charles is also serving a sentence for tax evasion, though his sentence is 29 months.
The financial loss in each case is almost identical. Both men are educated, white, have several children, are happily married, and just two years separates them. Why, then, did Charles receive a shorter sanction for essentially the same crime? The answer rests solely in Charles’s decision to proceed to trial versus accepting a plea deal.
Simply said, prosecutors want convictions. Despite the unlimited resources of the U.S government, prosecutors are challenged with heavy workloads. Because too many simultaneous trials would submerge them in work, they try to wrap up as many cases as they can through plea bargains.
In a plea bargain, the prosecution may be willing to make some concessions in order to induce the defendant to enter a guilty plea, thereby avoiding the time and expense necessary for a trial. As an example, I accepted a deal to plead guilty to one count of conspiracy to commit securities fraud, mail fraud and wire fraud. Had I proceeded to trial, I would also have faced obstruction of justice and perjury charges. My likely sentence (based on the federal sentencing guidelines) would have been around four years, compared to the 18 months I received by avoiding a trial and accepting responsibility. Federal sentencing guidelines also encourage defendants to plea bargain. Pleading guilty and accepting responsibility is one of the few ways a defendant can reduce the severity of the sanction. A defendant may reduce between one and three points off his criminal score. I received three points off.
The longer I spend incarcerated, coupled with the ebullience I feel for my imminent return to freedom, confirms my decision to accept a plea from the government. In hindsight, agreeing to plead guilty was the first smart decision I made during my journey through the criminal justice system.
Defendants like Charles who are convicted at trial miss the benefit of possible point reductions, which is one of the many reasons they are penalized for exercising their right to a jury trial. Many find it unjust that two men can essentially commit the same crime and yet receive such different sentences. Until the system changes, (good luck) it’s crucial that every defendant understand their various options. Months, years and even decades in prison may hang the balance.
Justin Paperny
