Opinion | Barbara McQuade: Breonna Taylor, Robert Kraft and the cruel truth about 'justice' in America. - NBCNewsTHINK
is paid by the case and not by the hour, providing an incentive to invest as little time as possible in each defendant and push for quick guilty pleas. In addition to their inability to pay lawyers, low-income defendants often cannot afford to make bail, remaining in jail while they await trial, while their wealthier counterparts are released on bond.
In addition to resources, biases in the criminal justice system often work in favor of people with financial means, who tend to be white. A wealthy defendant in a white-collar crime case will often argue at sentencing hearings that the judge should impose a sentence of probation instead of prison because the defendant has already"suffered enough" just from the indignity of being charged with a crime.
In addition to resources, biases in the criminal justice system often work in favor of people with financial means, who tend to be white. What's more, these arguments actually work on judges, who often share the privileged socioeconomic backgrounds of the defendants before them in white-collar cases. According to a, the majority of judges in fraud cases impose sentences below the sentencing guidelines.
High-income defendants can present"character" evidence at trial to show all of their contributions to society that a jury should consider in deciding their guilt or innocence, even if the good works are completely unrelated to the crime. But only people with a certain amount of wealth can make copious, trackable charitable donations or have the time to serve on nonprofit boards or volunteer.
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