Peirspictiochtai Ar An Saol
Zero-Based Justice
Part Eleven
One of the techniques utilized by both prosecutors and defense attorneys is similar to a game of chicken.
This is especially the situation in a number of high-profile criminal cases.
Let's take one example of a high-profile criminal case.
One that involves multiple criminal charges against someone in power, someone with money, someone with connections, or some other situation of a high-profile nature.
The first phase of this game of chicken involves either no negotiations or the start of initial negotiations.
No negotiations may be the tactic of the defense attorney. Statements are made that the defendant is innocent of the charges and that the defendant will vigorously fight the charges – Justice will prevail.
No negotiations may also be the tactic of the prosecutor. Statements are made that the defendant will strongly be prosecuted to the fullest extent of the law – Justice will be sought.
Both the prosecutor and the defense attorney in this criminal case may simultaneously – quietly – have initial negotiations on the framework of a plea bargain. Neither will agree to a plea bargain, but both will strive to determine the ultimate goals of the other side.
The second phase of this game of chicken involves delays.
Delays requested by the defense attorney. Delays accepted by the prosecutor.
As the day of the criminal trial is in sight – with no more delays likely – the prosecutor and the defense attorney involved in the specific case then enter the third phase of this game of chicken.
This phase may occur a week before the start of jury selection. It may take place as jury selection is underway. It may happen literally just before the start of the actual criminal trial. In unusual circumstances, it may occur during the criminal trial itself.
The judge in the specific criminal case may strongly encourage both sides to come to an agreement before the judge makes a ruling – explaining that neither party may like the potential decision issued by that judge.
A plea bargain agreement will then be reached.
The prosecutor will announce that justice has prevailed.
The defense attorney will announce that justice has been achieved.
Both the defense attorney and the prosecutor in the specific case will get a win.
The prosecutor will get a "guilty" plea to one or more criminal charges.
The defense attorney will get some of the criminal charges reduced or dismissed.
Both will proclaim "Justice," but the plea bargain will likely not focus on actual justice.
The game of chicken will then be completed.
At each of the phases, both the prosecutor and the defense attorney are trying to see if the other side will blink – if the other side will agree to the terms more preferable to those sought by their side.
"Justice" will be defined differently by each side.
But neither definition may meet the mark of actual justice.
The win is the important element. For the defense attorney. For the prosecutor.
As for the victim in the specific criminal case, the plea bargain agreement may or may not mean justice.
As for the public in the specific criminal case, the plea bargain agreement may or may not mean justice.
The next news column in this series will continue to detail aspects of how plea bargains are utilized in the justice system. Additional news columns will continue to detail specific characteristics of justice as it is practiced today in many parts of the United States as well as ways that justice could be practiced through Zero-Based Justice.
Peirspictiochtai Ar A Saol – Gaelic – Irish – for "Perspectives On Life" is a column focused on aspects of accountability and responsibility as well as ways people look at life.
Contact Richard McDonough at
© 2026 Richard McDonough
