In criminal cases in the United States prosecutors often add a lot of charges for a defendant to have ammunition for coercing the defendant into a plea deal. This is toxic because the defendant doesn't know which of those charges are likely to hold up in court if the case would be decided by a jury. Given that there's little cost to the prosecutor for adding additional charges, defendants are often overcharged.
I propose that whenever a prosecutor files a charge for a defendant, the prosecutor should state the likelihood that in the absence of a deal the court will find the defendant guilty of the charge. The ability of the prosecutor to accurately access the likelihood can be measured via the Briers score or a Log score.
The current score should be publicly accessible on the website of the court. This allows the defendant to know whether they can trust the likelihood values the prosecutor gives. The score should also be printed on ballots when the prosecutor seeks reelection to create much higher incentives for the prosecutor to give the correct likelihood then convicting a lot of people.
After the prosecutor provides the likelihood for the charges it's much easier for a defendant to make a good decision about whether taken a given plea deal is in their interest. Prosecutors with a good Briers score will be able to make more plea deals to reduce their overall workload because it's easier for the defendant to know that a deal is in their interest.
While this reform wouldn't fix all problems with plea deals, as some plea deals are due to the defendant being given charges that would actually hold up in court given the existing criminal code, the reform will provide defendants with fairer plea deals. Defendants getting fair plea deals is good for the system given that it keeps overall legal costs down.
I would expect that many juries will automatically throw out a 10% or 20% charges because there will be people on the jury who would argue that the prosecutor thinking that there's only a 20% chance that a charge holds means that there's reasonable doubt against the charge.
This reform is both in the interests of citizens who care about law and order and citizens who care about reducing sentencing overall as everybody should be interested in prosecutors providing fair plea deals.
The main thing a prosecutor cares about is getting reelect as a prosecutor. Writing the metric that measures whether they are good at reporting accurate predictions and writing it on the ballot is one of the strongest ways to incentives prosecutor.
Even if the prosecutor wants to go to another office after being a prosecutor, doing badly at the metric for prosecutors that gets written on their ballot, will be hold against the prosecutor.
Shifting the incentives on which prosecutors get evaluated is part of what this proposal is about.
Let's say a defendent Joe correctly believes that his chance of being found guilty at trial is 10%. This means that a prosecutor that's well calibrated because that's in his interest for getting reelected would also tell him that his chance of being found guilty is 10%.
If I'm a risk adverse person then knowing that not only I believe that my chances of being found guilty is 10% but that the prosecutor whose has access to evidence that I don't see also believes the chance is 10% is very helpful.
Then when I'm in the court room my lawyer can ask the prosecutor "Why did you bring that case when you only think that there's a 10% chance that my client will be found guilty?". Journalists could write story "Prosecutor Smith brings a case against Joe to trial even so he only believes that there's a 10% chance that Joe would be convicted".
That's not good for the public reputation of prosecutor Smith and thus won't charge Joe in the first place and has no leverage to get Joe to accept the plea deal.
The same way they are currently learning to evaluate the charges that the prosecutor makes. If the defense completley ignores the numbers nothing is lost over the status quo.
Rejecting a proposal because it doesn't solve the problem you most care about it is bad. I agree that it would be good if the penal code would be changed and sentencing guidelines be reduced but that's not the issue my post is addressing.