In contrast to the United States “get-tough” approach involving longer prison terms and building more jails and prisons, other countries have adopted more humane approaches. These strategies reduce incarceration rates and recidivism while saving money. These policies include reforming unnecessarily harsh sentencing guidelines, reducing drug mandatory minimums, and expanding programs that reward good behavior. All of these measures would help shrink federal prison overcrowding and costs.
Take a Plea Deal
Prosecutors often offer incentives to defendants in exchange for their guilty pleas. These may include reducing the charges, the number of counts, or the severity of the punishment. Defendants can also benefit from the opportunity to avoid the stress of trial, which is open to the public and media and is often emotionally and psychologically draining. Plea bargains can be a way to reduce your criminal record, which may make it easier for you to secure employment or housing in the future. To make the most excellent choice for your long-term objectives, an experienced defense lawyer from JSBerryLaw.com can assist you in weighing the advantages and disadvantages of a plea bargain.
Ultimately, deciding whether or not to accept a plea deal should be based on multiple factors, including your financial situation and the quality of your defense. Any decisions made in haste without legal guidance can leave you regretting not pursuing your day in court later.
Fast-Track Your Plea
Thousands of criminal cases are filed yearly, and many defendants face long delays for their cases to be called before a judge. To cut the time to trial, prosecutors and judges sometimes push guilty pleas through the court system in exchange for more lenient sentences. But for a guilty plea to pass legal muster, it must be voluntary and knowingly. Prosecutors can threaten superseding indictments with higher charges to encourage defendants to plead, but they aren’t always required to follow through on these threats. They also do not have to disclose the full range of post-trial options that they would have available to them, which can include early release and home confinement programs. The lengthy prison sentences imposed for drug offenses are the biggest driver of unsustainable federal prison overcrowding. Reducing these mandatory minimums to bring the population back to design capacity would save billions over ten years.
Get a Representation
Our prison system incarcerates too many people for far too long, doling out sentences that are counterproductive and unnecessary. The principles of retribution and deterrence central to sentencing theory and practice should be replaced by focusing on accountability and repairing harm. A key component of reducing recidivism is ensuring that individuals have access to the correct programming in prison. For example, research shows that those participating in correctional education programs are significantly less likely to re-offend upon release. To that end, BOP is building a “school district” within the prison system to offer adult literacy/basic skills, GED programs, and high school diplomas. The Legislature should also expand the availability of probation diversion programs, including mental health diversion.
Get Time Off for Good Behavior
Many prisoners can reduce their sentences by obeying the rules and participating in prison programs. Rewarding good behavior with reduced sentences and parole decreases costs for society without increasing crime. Generally, federal prisoners can earn up to 54 days a year off their sentence by demonstrating exemplary compliance with institutional disciplinary rules and completing educational and work-related programs. However, it can be easy to lose good behavior credits by misbehaving or failing to participate in programs and work.
It can include making bed, getting to headcount on time, and participating in rehabilitation and substance abuse programs. The BOP reviews good conduct records shortly before release dates to decide whether to approve early release and how much time off you will receive. Having a clean record improves your chances enormously. A few bad habits can wipe out months or even years of credit.