Confronting Underground Justice

Kelly, director of the Center for Criminology and Criminal Justice Research at the University of Texas at Austin, and federal judge Pitman cogently analyze a common facet of the American criminal justice system: plea negotiations, which yield more than 95% of all criminal convictions. The prevalence of plea deals developed as a consequence of the massive uptick in arrests in the late 20th century, which made plea bargains essential to keep dockets from backing up with defendants demanding trials. As a result, some defendants pleaded guilty despite their innocence, and some did so in advance of pretrial hearings that would have determined the constitutionality of their arrest and the evidence sought to be used against them. The authors propose a number of reforms meant to address the perceived injustices of the current process, including creating a neutral plea mediator who would “serve the dual purpose of ensuring that each side had an adequate opportunity to consider the consequences of a plea as well as possible alternate outcomes.” But as thoughtful as their suggestions are, as they note at the end, the absence of “political will to make meaningful comprehensive reform a priority” makes this of more intellectual than practical utility. Still, this sobering study deserves a wide readership. * Publishers Weekly *
Confronting Underground Justice illuminates the critical role of plea bargaining in American criminal justice. Drawing on a wealth of scholarship, as well as interviews with prosecutors, judges, and public defenders, and their extensive experience with how criminal court processing occurs, Kelly and Pittman demonstrate that we face two choices – allow plea bargaining to operate like a runaway train or take control of it. As they convincingly argue, the offers the only and best chance for creating more justice and improving public safety. At once enlightening and though-provoking, this book should be on the nightstands of scholars, policymakers, and any and all who care about improving criminal justice in America. -- Daniel P. Mears, Professor of Criminology at Florida State University
Confronting Underground Justice is a must-read for those who care about criminal justice reform. Kelly and Pitman convincingly argue that reform requires a fundamental rethinking of plea bargaining and the responsibilities of prosecutors as well as dramatic changes to the pretrial system. Their recommendations are bold, and their research is backed by their considerable expertise as well as intensive analysis of interviews from a broad range of criminal justice stakeholders. -- David Kirk, Professor of Sociology, Oxford University
Confronting Underground Justice offers a practical, lucid, and compelling explanation of how a shadowy underworld of plea bargaining begets and maintains our mass incarceration epidemic.  Drawing from the most recent public policy research and from interviews with major criminal justice stakeholders, Kelly and Pitman reveal how prosecutors and their plea offers control much of the criminal justice system.  Kelly and Pitman propose sensible, compassionate, and sane plea bargaining reforms.  This is a “must read” book for any prosecutor who wants to truly be “smart on crime.” -- Pamela R. Metzger, Professor of Law and Director, Deason Criminal Justice Reform Center, SMU Dedman School of Law