In the criminal court system plea bargaining is an arrangement that is set between a prosecutor and an defendant
Plea Bargaining
In the criminal court system, plea bargaining is an arrangement that is set between a prosecutor and an defendant, in which case that the defendant will need to plead guilty to a lesser charge with the expectation of leniency. This is a common practice in every criminal court in the United States, because it helps the prosecutor get the defendant to agree to a guilty plea, so they can receive a punishment that they both can agree on. Judges, on the other hand, are able to give sentences that may go against the agreement, when they do not agree on the severity or lack of, but usually set a sentence before they are informed of the plea bargain.
Reasons for Plea Bargaining
The beneficial reasons for plea bargaining is to save money, resolve the matter quickly, get out of jail, reduce the number of offenses, avoid including others in the case, also importantly avoiding publicity and hassles. Plea bargains will definitely save money the defendant money, because they would need to pay attorney fees. If they continue with this case, then it will lead to trial, which can take more time and money before making any progress, so a plea bargain would be a good option. In a plea bargain, it will resolve the matter quickly, because it will provide a resolution for the defendant from experiencing stress and having to go to trial that may cause even more stress, if they do not set a deal. Most defendants that are in a case will be held in custody with or without bail, and most cases, the individuals that are not able to afford it. Agreeing to a plea bargain can be helpful for the appearance of a person’s record, because it has fewer or less-serious offenses to display. Also, it will help keep others out of the case, because most cases, the defendants plead guilty to take blame for another individual, or end the prosecution fast and there is no further investigation. (NOLO, n.d.) These are valid reasons for plea bargaining, because they benefit the defendant and prevent the hassle and publicity for the courts.
Fair Concept and Problems
Depending on the crime that was committed, plea bargaining can either be a blessing or a disaster. The advantages that plea-bargaining gives is that it removes uncertainty from the legal process by speeding up the process than having individuals being held in prison with charges and awaiting trial with no conviction. It gives certainty for a conviction, an effective negotiating tool, provide more resources, and reduce population levels. With advantages, there comes disadvantages, such as plea bargaining takes away the right to have a trial by jury. It is a Constitutional right to have a trial by jury and many may see an offer of a plea deal to waive that right, but it should be up to the defendant on how they would want to proceed. It can lead to poor investigatory procedures, because attorneys and law enforcement might not spend much time on preparing for a case, because they feel that the defendant will plead out. If the person is innocent, they might plead out to cut their losses, but that means that they still need to deal with it being on their record or serving time and fines. Judges can void plea deals, if they feel that it was not the right move for the case. Plea bargains eliminate a chance for appeal and it provides soft justice for the guilty, because it gives them an easy way out. (Editor in Chief, n.d.)
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