Coercion Is A Potential Violation Of Due Process Rights Essay

1032 Words May 27th, 2016 5 Pages
The use of coercion in plea bargains is constitutional according to the Supreme Court. Since plea-bargains for drug courts involve a greater need of coercion than normal court process due to the limited options available, it is considered a leveraging power to help drug users take advantage of the necessary treatment provided. However, the excessive use of coercion has led to many drug offenders entering treatment that are considered understaffed and over capacity (Parsons & Wei, 2015). The excessive use of coercion has also forced a drug courts to choice in behalf of the defendant, since the alternative is facing a jail sentence. Despite the concerns addressed, the courts when challenged of this claim find under the drug court setting that these claims do not amount to excessive coercion (Oram & Gleckker, 2006). To determine whether coercion is a potential violation of due process rights, the Mathews test can be applied to determine process due. Under the first part of the test, the private interest, the defendant, is affected by the official action (Oram & Gleckker, 2006). The second part, the procedure used is considered the drug court plea-bargaining and the risk of interest is considered to be coercion, the procedural safeguard is the defendant’s constitutional rights are not violated when making the choice to enter drug court (Oram & Gleckker, 2006). The final test is government interest. The government interest is coercing defendants into entering drug court as means…

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