Reform the Criminal Justice System by Eliminating Plea Bargaining

 

This Act abolishes plea bargaining in Minnesota criminal proceedings. All cases will proceed to trial or

statutorily-defined alternative resolution. The Act establishes risk-based pretrial release to replace wealth-based

detention and ensures equal access to constitutional protections regardless of race or economic status.

 

1. Ninety-eight percent of Minnesota convictions come from plea bargains, not trials. Defendants who exercise their

Sixth Amendment right face trial penalties—sentences two to three times longer than offered in plea deals. This coercion

undermines voluntary guilty pleas and effectively nullifies the right to trial.

2. Research shows 2-8% of plea convictions involve factually innocent defendants. The National Registry of Exonerations

documents over 600 such cases nationwide. Weak evidence, coerced confessions, and police misconduct go unexamined when

cases don't reach trial. Innocent people plead guilty to avoid decades in prison if convicted at trial.

3. Black and Latino defendants receive plea offers 25-30% harsher than white defendants charged with identical offenses

and similar criminal histories. Prosecutors offer charge reductions and lenient recommendations more frequently to white

defendants while threatening harsher charges against defendants of color who reject initial offers. These disparities

persist across offense types, prior records, and jurisdictions.

4. Defendants with private counsel get better plea deals than those with public defenders. Public defenders carry

400-800 cases annually—roughly seven minutes per case to review evidence and negotiate. Poor defendants,

disproportionately people of color, receive assembly-line representation and inferior outcomes.

 

1. Plea Bargaining: Any negotiation between prosecution and defense where a defendant agrees to plead guilty or no

contest in exchange for charge reduction, sentence recommendation, dismissal of related charges, or other prosecutorial

concessions contingent on waiving trial rights.

2. Alternative Resolution: Non-trial disposition for qualifying cases under objective statutory criteria. Does not

involve negotiated charge or sentence reductions. Requires factual acknowledgment without coercion from trial penalty

threats. Participation is voluntary based on eligibility requirements, not prosecutorial discretion. Successful

completion may result in dismissal or penalty reduction as defined by program statute.

3. Bench Trial: Trial before a judge rather than jury, available at defendant's request.

4. Expedited Trial Procedures: Streamlined processes for straightforward cases including stipulated facts, limited voir

dire, and consolidated evidence presentation while preserving constitutional protections.

 

 

The Legislature shall appropriate $85,000,000 over the first two years of implementation. Funding will be derived from

the state General Fund and operational savings generated by eliminating plea bargaining processes. Counties with

populations over 250,000 shall implement first, followed by phased rollout based on available resources. The Legislature

shall appropriate funds annually thereafter as determined by demonstrated need.

 

1. Attorneys or judges who knowingly engage in plea bargaining after this Act's effective date face discipline by the

Minnesota Board of Professional Responsibility, including reprimand, suspension, or disbarment. Courts shall dismiss

guilty pleas from prohibited negotiations. Defendants may withdraw such pleas without prejudice. The minimum disbarment

will be 5 years.

2. The Minnesota Board of Judicial Standards shall discipline judges who pressure guilty pleas, suggest harsher

sentences for exercising trial rights, or undermine this Act's purposes.

 

 

This legislation will take effect January 1, 2027.