Jed S. Rakoff is a United States District Judge for the Southern District of New York and in a recent article in the New York Review of Books he discusses why so many innocent people plead guilty. He puts it down to the system that is peculiar to the US, that of plea bargains where, instead of going to trial, prosecutors and defense attorneys agree to have the defendant plead guilty to a lesser charge. So even though the defendant might be innocent, the prospect of being found guilty of very serious charges and facing very heavy punishment can persuade them that it is not worth the risk. This is why so few cases go to trial.
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