I think the whole plea-bargain process needs to be policed better. The tendency is to make kitchen-sink indictments, with lots and lots of charges, to induce a plea bargain. Adding extra charges doesn’t cost the prosecution anything, while failing to take a deal exposes the defendant to ruinous risk. There needs to be some mechanism to counter that tendency, where the prosecution holds all the cards. Perhaps require the prosecution’s plea offer to be disclosed to the jury at trial?
UPDATE: Reader John Steakley — a criminal defense lawyer and former prosecutor — writes: “How about more attentive citizens on Grand Juries?” Perhaps they should be better instructed and educated, and encouraged to be more skeptical about charges filed.