Safeguarding due process in plea offers: Do's and Don'ts for prosecutors

Around 97% of cases in the US are resolved through plea bargaining. This system reinforces existing problems in the legal system, including racism, mass criminalisation, mass incarceration and wrongful convictions. We believe that prosecutors have a crucial role in challenging the overreliance of plea bargaining, protecting due process and ensuring that justice is served. This info sheet contains key asks for prosecutors to ensure the safeguarding of due process in plea offers.

Alongside Fair and Just Prosecution, we are calling on elected prosecutors to address flaws and deep-rooted concerns in the use of plea bargaining to resolve criminal cases. We recently released this joint briefing which offers more clear guidelines for prosecutors, as well as recommendations for systemic change, to ensure that plea bargaining does not undermine the fundamental rights of accused people.