Slate has an interesting story on the problem of obtaining justice in cases involving misdemeanors.
The misdemeanor machine has inspired a slew of epithets: “meet ‘em and
plead ‘em lawyering,” “assembly line justice,” “cattle herding,” and
“McJustice.” They reflect the reality that once people charged with
misdemeanors get to court, they are pressured by judges, prosecutors,
and their own lawyers into pleading guilty, often without knowledge of
their rights or the nature of the charges against them. Bail makes it
worse. Around 80 percent of defendants who have bail set cannot afford to pay it. Innocent defendants commonly plead guilty just to get out of jail.
In this way, millions of Americans are punished without due process and
learn the cynical lesson that, at least when it comes to minor
offenses, law and evidence aren’t all that important.
