Retired federal judge and NCIP Justice Award recipient H. Lee Sarokin opines on why defendants, like recently exonerated Brian Banks, would plead guilty when they are innocent.
Sarokin blames what he calls the “Ins of Court – intimidation by the prosecution and incompetence by the defense.” Scared defendants are told that a plea bargain will save them from a long sentence and many times overworked defense attorneys would rather take a quick deal than a long trial. Despite protestations of innocence, defendants take the guaranteed shorter sentence.
Sarokin urges vigilance by all involved and best efforts by the prosecution, defense and court to be satisfied that a defendant is guilty before urging a plea bargain. He recognizes “that there is no avenue to absolute certainty because the knowledge of guilt or innocence lies with the defendant, but all involved must strive not to imprison the innocent – even those who profess to be guilty.”
Read the full story in the Huffington Post here.