Behind the Closed Doors of Justice: Unraveling the Dominance of Plea Bargains in the NYC Justice System Decision Making Process
Advisor: Mr. Brian Rappelfeld
Internship Location: Defense Attorney
Onsite Mentor: Germana Giordano, Esq.
A new study done by the American Bar Association found that around 98% of criminal convictions end in plea bargaining agreements. When someone traditionally thinks about the criminal justice system, the first thing that always comes up is criminal trials. People think about lawyers and prosecutors fighting against each other in front of a 12-man jury. The reality of the system is quite different, however. There are very few actual trials done in comparison to the number of criminals being convicted in a given year, especially in NYC where I will be focusing. My study aims at finding the root cause for this large discrepancy and misunderstanding. Additionally, I hope by reading and researching various journals I will find discrepancies and problems in the system of plea bargaining. While working at an internship in a criminal defense firm, I will be working on two major sections of the plea process. The specifics of these two sections will be creating a chart of ten example cases, outlining how they were resolved to show how prevalent pleas are in the system by random. Not only that but I will also work directly on one case in order to discuss the influences of choosing to plea. Through my research I hope to find the many reasons for why plea agreements are such a force in the NYC justice system, the problems that may arise from this decision-making process, and a possible solution to resolve these issues.
Project Blog
Week 0: Introduction
Hi! I’m Andre Zubritsky and this is my senior project blog! I’ve been at Basis Independent Brooklyn since the 3rd grade, and for my Senior Project I will be tackling the causes and effects of the predominance of plea deals in the NYC justice system. I’ve been interested in humanities my whole life and was taught the fair way to do things is always the best. I hope with that background I will be able to assess plea bargains and create solutions to make the overall process more equal and fair for all involved. For my placement, I will be working working with Ms. Giordana Giordanno, a criminal defense attorney with a specialty in plea bargains. I will begin my research by gathering data on plea agreements that are actively drafted to evaluate the reasons for its ease of access within the judicial system. Much extensive research has already been done on plea bargains but it falls within two categories that are quite separate from each other. One category focuses on helping victims by not letting criminals get off easy just because they chose to plea. The other half views plea bargains as a quick way to solve cases by cutting corners and not giving people the true right of defense. I hope my project will synthesize these two arguments while simultaneously considering reasons for why it's beneficial. The primary goal of my research is so I could create a full and more just argument for bettering the system. Thank you for reading and if you’d like to know more, here is my senior project proposal.
Week 1: The Start
Hello and welcome to my Senior Project Blog! The first week of my project has been sectioned off into two parts. The first half of the week was aimed at my independent research portion of the project. I did this by gathering sources regarding plea bargains through the Brooklyn Public Library and online databases like JSTOR. Once I read through each source I organized them into charts to highlight which authors positioned themselves either with or against the practice. By doing so I was able to find an overall discrepancy with scholars viewing the method of plea agreements as an overall negative aspect of the judicial system. Not only that but there was additionally a subsection of authors who disagreed on why plea bargains are such a problem of the judicial system. This subsection splits into authors claiming that it does not give people the right to a fair defense, and authors claiming that it does not deter criminals and establish enough justice.
The second half of my week was spent discussing a schedule with my on-sight advisor and beginning my first day as an intern in the firm. Throughout the day I discussed the research I found while simultaneously aiding my advisor in clerical work around the office. Lastly, due to my advisor's expertise in the field of plea bargains, I had an in depth discussion regarding her view of the practice and she suggested I read over her thesis on that very matter. I look forward to sharing my findings and updating my blog in the coming weeks!
Week 2: We’re back
Welcome back to my Senior Project Blog! As the beginning of my Senior Project kicks off, I used this week to focus primarily on work directly on my on-site location with extended hours in order to discuss key topics with my advisor. Now that a schedule has been arranged in the previous week, it has opened up a path for me to invest more time in working precisely on plea deals and begin taking notes on direct cases.
I began my week by reading over and analyzing Mrs. Giordanno’s thesis paper on the differences in plea deals between the Italian criminal system (where she wrote her thesis at the time) and the American one. Seeing as the distinctions she was making and noting of differences were on a purely procedural and objective scale it allowed for easier understanding and gave me a standing to better take notes on her work. Unfortunately the section addressing the Italian system of criminal processing was written exclusively in Italian so I had to dedicate my efforts directly to the section about the American criminal system. She discussed the many biases that are present in the system while also breaking down how the system itself operates on an objective level. It is crucial I understand her work as the first section in my deliverable will be dedicated to the procedural aspects of the system before diving into the work I’ve done directly.
The latter part of my week was spent working on cases that I will use and discuss in my paper and presentation. I overlooked discovery and public records of the accusers in order to see what exactly happened and how that could lead to the stipulations as noted in the plea bargain itself. For client privacy reasons I am personally not allowed to mention names and other specifics but the general information surrounding the case I am allowed to discuss so that works out well for my paper.
Overall, recording this information and taking notes on my advisor's thesis has proven to be an extremely large help and crucial to my work in that it allows me to gain information only accessible in the law office. I look forward to keeping you updated in the following weeks blogs
Week 3: Personal Research
Welcome back to my Senior Project Blog! I received news that my on-site advisor will be away which meant I was stuck with the task of productivity without any on-sight research. During my work at home I decided to begin creating my questionnaire. This questionnaire is an integral part of my research as I need to show what the consensus is and the varied opinions out there about plea bargains. The questionnaire will be given to a range of people, from expert lawyers to the DA’s office. It is crucial I get a wide array of people answering my questionnaire in order to remove any biases involved. Overall, the questions I will be giving will be the same for all participants however, I will personally tailor a couple questions for select experts depending on their field. This tailoring is important because it will allow me to gather a couple succinct answers which I will incorporate into my on-site research regarding specific cases. It is of the utmost importance that the questionnaire be completely objective in nature. Due to my project covering the issues with plea bargains it is important I get rid of any leading questions that could nudge individuals to answer in that regard. Not only that, but answers which point in the opposite direction from my argument are crucial in establishing a counterargument and a wide array of answers. If the overall consensus supports my argument then it could mean two things: 1. My questionnaire was not as objective as I had hoped; or 2. The system of plea bargains needs to be reformed sooner rather than later.
Lastly, once I collect all of the answers I will gather them in a chart or glossary of sorts in order to have an organized list of responses for readers to gather conclusions from. While I was limited in research I could do this week I believe I took many steps closer to the finish line. Come back next week for my week 4 update!
Week 4: Return of the king
Welcome back everyone to my Senior Project Blog! This week I was able to return back to my on-site location and collect some much needed data. During my week away I planned on what I was going to do upon return. I realized that sectioning my paper into multiple parts would be the most ideal way of relaying data and coming to researched conclusions on plea deals. The first part of my paper will be purely procedural; similarly to Mrs. Giordanno's thesis, this section will discuss how plea deals work and what the overall system allows. Not only that but I will give a brief overview of the biases present and what the preliminary thoughts from scholars are on the subject.
The next section of my paper will be dedicated to what I spent my research doing this week. I will be creating a chart of 10 example cases that I read over in the office. I will not be using names but rather simple initials so they cannot be tracked. I will not mention specifics or conversations that are protected by attorney client privilege. What I will be listing is the initial charges against the defendant and the outcome of these charges. I will create a chart compiling all of these data pieces and then count up how many resulted in plea bargains or just simply did not go to trial at all. The numbers hypothetically should back up the general research done by research centers coming out to around 99% of all cases. That should leave me with 9/10 cases finalizing without a trial.
The third section of my paper will discuss the results of the questionnaire which I discussed in my previous blog post.
The fourth section will be a direct analysis of example cases which I will be working on real time to discuss the reasons defendants, attorneys, and prosecutors choose a plea. I will not discuss confidential information but will provide a few details in order to relay my point to the audience.
Lastly, I will write a final conclusion section by putting each of the previous sections in conversation and highlighting what the outcomes could mean for the general plea bargaining institution. Not only that but I will provide my proposal for an improved and more equitable choice for the system as a whole. I look forward to continuing my research and keeping you all updated throughout the process. Come back next week for more fun research!
Week 5: The fun never stops
Welcome back to week 5 of my Senior Project. This week was filled with a continuation of the previous week's work. As I mentioned earlier I sectioned my paper into 5 parts. With that knowledge, and my work on the second part of my paper. I moved onto the fourth part. Now that may seem strange. “Why would you skip over the third part?” Well I’m not; I’m merely tweaking my questionnaire in order to send it around which will take time still. So I chose to begin work on the fourth part of my paper. This part is dedicated to work I will be doing directly on a real time case. This case began a couple weeks ago so I am still doing some catch up on the specifics which I am allowed to read however not disseminate to an audience. Thankfully my mother is also working on this case in her own right as a psychotherapist appointed by Mrs. Giordanno (the client's attorney). I discussed with both my mother and Mrs. Giordanno in order to understand my mothers role in the case. This part is crucial in that I will be able to write about this in my paper. My mom has been chosen to analyze the character of the client in order to create what is called a “good guy package.” This “package” is designed in order to humanize the client in the eyes of a judge so that during the plea negotiations the judge allows for a more lenient sentencing. My job will be to read over my mother’s work and pick which aspects of the defendant's character are worthy of presenting to the judge. This analysis is part of a larger set of other Mitigation documents designed at attempting to convince the prosecution to be lenient.
Overall, this section of my paper is designed to educate my audience on what the key aspects of a plea negotiation look like. With my work being real-time it is most important that I really be there working on the case instead of just reading and propagating information that can be read online. I hope you enjoyed this week's edition of Andre’s blog. Come by next week for even more fun updates!
Week 6: slight change of course
Welcome back to my Senior Project! Now that we are officially around the halfway mark, it's important I mention some changes to my overall paper and presentation. Unfortunately I believe it’s best I should scrap the questionnaire. Now this might come as a shock because over the past couple weeks I’ve outlined how I will structure my work and the questionnaire has been an integral part of my process. However, as the days come and go I realize it is very difficult to accumulate enough trusted responses to formulate a cohesive argument about the perception of plea deals which was my intended goal. Unfortunately many lawyers and state government officials, like the DA’s office, simply do not have enough time to answer high school students' questionnaires. I had put this as one of the biggest hindrances I might run into during my research in my original proposal. What I had foresaw had come true. People and experts simply didn't answer the questionnaire that I had posted. So with a heavy heart I must get rid of the questionnaire from my work due to a lack of responses.
On the flip side however, things have been going great for my on-site research. I have discussed specifics about the case I am directly working on and gathered data on the defendant. This data is not confidential and can be found on public records if looked for so I will be allowed to discuss it in this paper. Some of this data can include charges brought unto the defendant, final sentencing, and police records of the crime. However, some of the data I will be able to share is exclusive to work I’ve done at my on-site. This can include a memorandum of the time and place of the crime as noted by the police and the attorney's work.
Overall, this week had a bit of unfortunate news but the rest of my work has been right as rain and we are sailing through blue skies. Come back next week for more updates!
Week 7: the sequel we’ve all been waiting for
Welcome back to my senior project! I’m excited to say that this week was very fruitful. It was also quite slow however, in that not many surprises happened. The wheels turned and I got work done. I spent the majority of the week finalizing the second section of my paper. This section, as I have discussed before in previous entries, is a list of 10 example cases picked at random to create a percentage chart of they’re outcomes. The specifics in these cases won’t be listed but information like charges faced by the defendant and outcome will be made clear in that they are allowed to be shared. Each of these cases I’ve been given information and learned more about throughout this week as my advisor, Mrs. Germana Giordanno, has worked in length with all of them. She provided me with tips and improvements on how I should structure the cases in my list. One of the biggest changes she suggested was to organize the cases based on severity of punishment following the result. She suggested this as another look into the statistics of cases in the NY area. Organizing cases this way will be able to highlight the disparity between what a defendant is facing versus what they receive at the end of the day following sentencing. Lastly, a big piece of information provided to me by my on-site advisor was that while a majority of cases are resolved through a plea deal in order to have a more lenient sentencing, the firm at which my on-site is taking place has a substantial percentage of cases that get dismissed by the judge and prosecution before going to both trial and plea negotiations. This update on the situation might skew the results of my example cases if I come up with a large amount of dismissed cases. It may look like a lot of people are just getting off scot free without sufficient evidence but the reality remains that only about 5% of total cases in the US are dismissed at all. Regardless, my hypothesis that 9/10 cases are resolved through plea bargains remains the same just through the overwhelming data gathered before me. Overtime, if my gut feeling about dismissed cases grows then I will revise my hypothesis based on the firm’s specific numbers over the years.
Overall, this week has been very successful in that I finished a big portion of my paper and I eagerly look forward to working on my next sections. Come by next week for more updates!
Week 8: Not Far from the Finish Line
Welcome back one and all to my senior project blog! As the last couple of weeks begin to inch closer, I have begun to ramp up the pace at which I'm doing my research. I dedicated this week in particular to focus on the now third section of my four part paper. This section as I’ve described before is for the work I’ll be doing on one specific case alongside both my mother and my on-site advisor, Mrs. Germana Giordanno. I have learned a great deal of information regarding the details of the case and the process of which we are attempting to lower the client’s sentencing. From my Mom I learned that the psychiatric evaluation is a crucial must-have for the plea process as it shows to the prosecution and the judge that the defendant is not a heartless criminal but rather a person like everyone else. This psychiatric evaluation is part of a larger plea package presented to the judge and prosecution. The other parts of this package can include things like testimonials from family members or a proof of job. The interesting part however is that the defense can tweak certain aspects of the package to show a better character even if certain parts are exaggerated or omitted. For example, this client is having some of his evaluation hidden from the judge in order to present a better show of character. In other cases clients may provide information saying they are pursuing a job but in reality have only had one interview that never got back to them. These are all simple examples of how the defense and general population have learned to adapt to the prevalence of plea deals and how overbearing it may seem on defendants.
In other news this week, my previous post’s hunch has been growing as I have reviewed some of the ten example cases and it seems to be that some of them were dismissed before ever entering court or being finalized. This may skew my numbers a bit but I still hold out hope that my original hypothesis remains true. As I learn more about this dismissal situation regarding my research I will create a new hypothesis and begin searching through the newly opened can of worms. I will keep you all updated throughout and until then I’ll continue on my original path of working on the next sections. Thank you for reading this week’s installation of my senior project blog and I hope you come back for next week’s updates!
Week 9: Things are Starting to Wrap Up!
Welcome to the final weeks of my senior project! I continued what I stated last week about ramping up the pace of my research. This week however was used to begin the last section of my paper, the conclusion and analysis.
Over the past couple weeks, if you’ve been following along, I sectioned my paper into four parts with this conclusion being the last. However the middle two sections were based on research I did directly in the form of ten example cases and work on a live case. Here are some highlights with a more in depth analysis in my paper.
For the ten example cases I researched a broader understanding of how prevalent plea deals are in the system. However, what I couldn’t account for was the amount of cases ended up being dismissed by the prosecution without a plea or trial. Initially I viewed this a wedge in my paper screwing everything up, but over the past couple weeks I realized that this is just how the system works and by highlighting this aspect I’m able to give an even broader but still more in depth explanation of plea deals and the criminal justice system as a whole.
For the live case I researched how a plea agreement was agreed to and come into fruition. Unfortunately the case will still be ongoing after the senior project ends but the beginnings of the agreement will be written into my conclusion and paper.
Overall this conclusion is designed to sum up my work and bring it into a broader context. However, at the time of writing I am reflecting just how much the reality of my paper has changed and stayed the same from my vision. While aspects are now different I am thankful that I have this opportunity to teach a community about the ins and outs of the criminal justice system.
Come back next week for some final updates!
Week 10: Only a Bit To Go
Welcome back to my senior project! We only have two more weeks together before the finale of my project. Knowing this I spent the week touching up the conclusion and finalizing the rest of my paper and research. I wanted to spend this week’s blog post discussing some interesting finds that I caught while looking back on my second section, the 10 example cases. One particular case that jumped out to me was the story of a young 17 year old latino individual stop and frisked while driving passenger in his friend’s car. This case is not only eye opening but has broader implications for stop and frisk as a whole. While cruising around with his friends a nearby cop noticed that the license plate had been moved over slightly and decided to pull it over. This car clearly had a group of latino men inside and the cop decided to frisk them all. Unfortunately for our defendant, they found small quantities of marijuana and an unlicensed handgun in his pocket. Once brought into the station the defendant then voices his concerns about how dangerous of a world it is out there and that he just merely found the handgun, hoping it would provide him with protection. He was not even sure if it was loaded or worked for that matter. He pleads not guilty to both charges of possession of a weapon in the second degree and possession of marijuana. While I am not allowed to discuss why he chose this unorthodox approach to his case, I can discuss what it could mean for stop and frisk in NYC.
The implications: Knowing some of the specifics of the case itself without any information I can’t share, it’s important to understand not only why the car was pulled over but what the defendant’s non guilty plea could mean. First, let's discuss the initial stop. Now, the police officer claims that the license plate was moved over to a spot where it did not belong and thus he had reasonable suspicion. While this is true and the license plate of the car was improperly placed the act of frisking all individuals inside the car was not only unjust it was also stereotypically motivated. The police officer claims to have smelled marijuana inside the car and on certain individuals, the defendant in this case was not only sober but did not smell of marijuana at all causing his frisk to be motivated by nothing other than his latino heritage and accompaniment of his peers. Now that we understand the reasons for the stop and frisk its important to look at what the defendants' not guilty plea could mean for stop and frisk as a practice. By pleading not guilty it means that there will be a trial and subsequent reporting on the case by various media outlets. This will cause more eyes on stop and frisk in the New York City area and bring even more scrutiny to the already controversial practice. Cases like this are not one-of; there are countless people of color being stopped and frisked still to this day in NY and its cases like this that shine an even brighter light on the practice. I will delve even deeper on this case in my paper but for now simple blog posts like this can help nudge us in a future without discriminatory practices predating on people of color in this city. Thank you for reading this weeks blog post and I hope you come by next week for the second to last update of my blog!