Sick Deal: Injustice and Plea Bargaining During COVID-19

By Ryan T. Cannon   

You have been arrested. You are put in handcuffs and transported to a local jail where you are fingerprinted and photographed. The crime you are charged with is not serious or violent, but you have prior criminal convictions, or perhaps a history of not coming to court when told—making you ineligible for a future release on your own recognizance. Bail was set, but like most others in the cell you occupy, you cannot pay even the smallest bond. You are facing a period of pretrial detention. A week passes without being brought to see a judge for your arraignment. Then another week passes. If you are lucky, you may have spoken to an attorney on the phone, but no one has come to the jail to see you. All around, individuals are beginning to talk about a mysterious new illness. As you continue to sit in pretrial detention, the spread of the novel coronavirus among prisoners rises quickly. By the week of April 22, 2020 the number of confirmed cases in prisons grew three-fold—from 1,643 to  6,664.1 By the middle of September, 2020 the count was up to 132,677, with 1,108 reported deaths. Mass testing reveals that the number of prisoners who have contracted the virus is far greater than expected, partly because of the number of people who carry the virus without exhibiting symptoms. Many facilities cannot conduct mass testing of inmates, and others choose not to test at all. For you and the inmates around you not yet infected, precautionary measures are largely nonexistent. You are locked in a facility where social distancing—the primary method for avoiding transmission—is practically impossible. It is unlikely that you have ready access to hand sanitizer or face masks.  Prisons and jails begin using solitary confinement as a method of quarantining..... 

110 J. Crim. L. & Criminology Online 91 (2020)