[Action Alert text]
Justice Anthony Kennedy said on behalf of the Supreme Court majority that plea bargaining determines “who goes to jail and for how long. It is not some adjunct to the criminal justice system. It is the criminal justice system,”
Shouldn’t we know how well our plea bargaining justice system works in Maryland?
Plea-Bargaining Transparency
- Maryland incarcerates our black citizens disproportionately – at twice the average rate in other states, according to a 2019 Justice Policy Institute analysis.
- Plea bargain practices resolve about 95% of all criminal charges in Maryland.
But our Maryland sentencing commission, despite its statutory mandate to “reduce unwarranted disparity, including any racial disparity, in sentences for criminals who have committed similar crimes and have similar criminal histories,” has failed to collect the data needed to assess the connection between plea bargains and this racial disparity.
What should be done?
SB0763 would require the Courts to cooperate with Maryland’s sentencing commission and to collect data from States Attorneys’ offices. This information is needed to gain insight into how plea-bargaining, other exercises of prosecutorial discretion, or other factors may contribute to the disproportionately high incarceration rate of black Marylanders.
What are the costs?
In 2021, States’ Attorneys offices complained that they would need much more staffing to gather the data requested in SB 763. But, in reality, much of the data is already collected in the existing Maryland Electronic Courts (MDEC) system and the Maryland Automated Guidelines System (MAGS). Both systems already are automated and are completed online by current States’ Attorney personnel or court personnel.
SB763 would add only a few more details and would not add appreciably to the several minutes currently required for prosecutors to complete such worksheets.
What We Need You to Do
Please ask your legislator to support SB0763 to make plea bargains more transparent and help end Maryland’s nation-leading racial incarceration.
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[email to legislator]
Let’s make Maryland prosecutors’ plea-bargaining practices more transparent!
As your constituent I write to ask your support for SB0763 to make plea bargains more transparent and to help end Maryland’s nation-leading racial disparities in incarceration.
Justice Anthony Kennedy said on behalf of the Supreme Court majority that plea bargaining determines “who goes to jail and for how long. It is not some adjunct to the criminal justice system. It is the criminal justice system,”
Shouldn’t we know how well our plea bargaining justice system works in Maryland?
- Maryland incarcerates our black citizens disproportionately – at twice the average rate in other states, according to a 2019 Justice Policy Institute analysis.
- Plea bargain practices resolve about 95% of all criminal charges in Maryland.
But our Maryland sentencing commission, despite its statutory mandate to “reduce unwarranted disparity, including any racial disparity, in sentences for criminals who have committed similar crimes and have similar criminal histories,” has failed to collect the data needed to assess the connection between plea bargains and this racial disparity.
What should be done?
SB0763 would require the Courts to cooperate with Maryland’s sentencing commission and to collect data from States Attorneys’ offices. This information is needed to gain insight into how plea-bargaining, other exercises of prosecutorial discretion, or other factors may contribute to the disproportionately high incarceration rate of black Marylanders.
What are the costs?
In 2021, States’ Attorneys offices complained that they would need much more staffing to gather the data requested in SB 763. But, in reality, much of the data is already collected in the existing Maryland Electronic Courts (MDEC) system and the Maryland Automated Guidelines System (MAGS). Both systems already are automated and are completed online by current States’ Attorney personnel or court personnel.
SB763 would add only a few more details and would not add appreciably to the several minutes currently required for prosecutors to complete such worksheets.
Please vote to approve SB0763 to make plea bargains more transparent and to help end Maryland’s nation-leading racial disparities in incarceration.
