Week-2-Discussion
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.
