Discussion: Truth, Justice, and Charging

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How can overcharging or horizontal and vertical charging be employed as a strategy for

discovering the truth? When is it most appropriate? By whom are the strategies best

applied?

When it comes to overcharging or horizontal and vertical charging the way they could be

used to discovering the truth. Horizontal overcharging is a way that law enforcement will

multiply the number of crimes that has been committed by a defendant, so instead a defendant

facing 1 crime that they may have committed there will be more added that could end up with

multiple charges. Vertical charging happens when a defendant is getting charge with a higher

offense than what they committed for example the police may charge a defendant with a felony

when they have committed a misdemeanor. Over charging is used a way of getting a defendant to

plea to the actual crime when they are being faced with other charges that they did not commit

(McKean, 2015, p. 2)

At what point does overcharging or horizontal and vertical charging become coercion? Is

the strategy ethical?

The way that vertical charging can become coercion is where the defendant feels the

pressure because of overcharging their rights could be possibly violated their rights for due

process and because of this they be feel coerced into waving their rights to a trial. The strategy is

not ethical and is considered an abuse of power.

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McKean, T. (2015). Are Prosecutors Charging Practices Above The Law? Are Prosecutors

Charging Practices Above The Law?, 1–12. https://ggulawreview.com/wp-

content/uploads/2015/04/mckean_digital_symposium.pdf