The Disappearing Trial
30. However, other benefits may also be responsible
for innocent people pleading guilty, including the
excessive use of pre-trial detention pending trial,35
and the high financial costs of proceeding to trial. The
dominance of money bail in many jurisdictions in the
US places pre-trial release out of reach for poor
defendants, and has been identified as a key driver of
plea deals in minor offences. A 2015 New York Times
Magazine report on the cash bail system observed:
“
New York City courts processed 365,000
arraignments in 2013; well under 5 percent
of those cases went all the way to a trial resolution.
If even a small fraction of those defendants asserted
their right to a trial, criminal courts would be
overwhelmed. By encouraging poor defendants to
plead guilty, bail keeps the system afloat.” 36
35. National Registry of Exonerations, supra at n. 31, p. 10. See also Dobbie, W. et al., “The Effects of Pre-Trial Detention on Conviction, Future Crime, and Employment:
Evidence from Randomly Assigned Judges”, the National Bureau of Economic Research, NBER Working Paper No. 22511 (Aug. 2016).
36. Pinto, N., “The Bail Trap”, NY Times Magazine (Aug. 13, 2015). Available at: https://www.nytimes.com/2015/08/16/magazine/the-bail-trap.html?_r=0See the case
background described in detail here: https://theintercept.com/2016/02/05/mahdi-hashi-metropolitan-correctional-center-manhattan-guantanamo-pretrial-solitaryconfinement/; http://www.nydailynews.com/new-york/nyc-crime/terrorist-sympathizers-sentenced-11-years-prison-article-1.2498473; https://news.vice.com/article/
this-four-year-saga-shows-how-the-us-became-the-global-cops-in-the-war-on-terror; and https://www.thebureauinvestigates.com/2014/04/19/stripped-of-his-ukcitizenship-now-mahdi-hashi-is-in-solitary-confinement-in-new-york/.
13.
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