AJ 2 Lecture Notes - Lecture 9: Jury Nullification, Intersectionality

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Mcclesky v. kemp and the baldus study. Prosecutor says, hey its a lot of work to go to trial, its strenuous. If u plead guilty, i can charge u less. Almost 90% of cases are settled by plea bargaining. Trial penalites, when people want to go to trial bc they think they are innocent, and then they turn out guilty after the trial, are put under further penalties, harsher sentencing. Also if you don"t snitch, if you don"t testify, they can spend more time as well. Prosecutors have alot of control, they know based on what they charge the suspect, they can decide how long how severe their penalty is. Position that listens to negotiations obviously stands in a position of higher power. Plea bargaining happens behind closed doors, all u see in the end, is the agreement, you can"t see the process. So it is hard to process how fair the process was.

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