“…nor be deprived of life, liberty, or property, without due process of law…” Today, America imprisons more citizens as a percentage of its population than any other nation in the world, more than Russia, more than China and six to seven times more than Europe. Are Americans truly this evil?
Due process should require that prosecutors seek appropriate punishment and not run up legal charges. Constitutional defenses should never be suppressed by prosecutorial pressure. Plead offerings should never be retractable until after Constitutional defenses are vetted. Prior to any trial, a justice should review an accused Constitutional rights to ensure that the State has not overstepped its authority. Once a review is complete, the accused should have a reasonable amount of time to review a plea offer, negotiate an appropriate settlement with the State, or be released due to the State being over zealous.
Likewise, the State needs to ensure that its charges are appropriate to the offense being levied. The State needs to balance the demands of justice against the health and safety of the people. Surely the highest incarceration rate in the world is not healthy for any nation.