Because of plea bargaining, well over 90% of people never even go to trial. But there’s also something called prosecutor overcharging, and it targets us. Here’s how it works.
Overcharging is when prosecutors pile on charges to increase their chances of winning a conviction. That way, even if some charges get dismissed, there are still others. This intimidates people into accepting plea deals, setting us up for incarceration and more.
Felonies and some misdemeanor convictions also mean losing access to certain resources and rights, like voting, housing, immigration status, parental powers, and food stamps.
So, can this be fixed?
In response to this, different areas have considered “blind charging.” That’s when prosecutors don’t know anything about a person’s race before deciding whether or not to press charges. Details like people’s appearances, names, and locations get removed from documents to avoid any hints.
It’ll take time to see the results of this approach. But here’s the thing.
If it does prevent some people from being overcharged, what does that say about the people currently in power? And if it doesn’t, what does that say, too?
Although the thought process behind solutions like this may make sense, we need something deeper. Because, like everything in the criminal legal system, it isn’t individual prosecutors but an entire institution designed to hurt us. We need abolition.