Preview

Advantage And Disadvantages Of Plea Bargaining In Courts

Good Essays
Open Document
Open Document
1009 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Advantage And Disadvantages Of Plea Bargaining In Courts
Plea Bargaining Paper

Plea Bargaining Paper

Advantages and disadvantages of plea bargaining is that some bad and some type of good will always come out of it. Advantages help the court manage the case and disadvantages can be a problem for the court and also to the defendant that 's asking for a plea bargaining. These advantages can put a bad taste in the prosecutors mouth about the defendant if their plea isn’t sincere, the system have to feel where you are coming from and also agree with it. Show some type of affection when standing before a juror. Plea bargaining is an arrangement between a prosecutor and defendant. During the plea bargaining the defendant plead guilty to a charge that will give him or her lesser
…show more content…
Prosecutors agree with the defendant plea of guilty and will decide on how much time the defendant will face. The disadvantaged of a plea bargaining is that no matter how loud a defendant cry to the judge, the jury can still charge the defendant with more time. The advantages of a plea bargaining makes the prosecution job much easier. The disadvantages is that some defendants show no sincere while pleading guilty which makes the prosecutors look into the case more to get all the facts and evidence to figure out if they should take the case to trial. Basically the advantages and disadvantages are the same because it 's the pros and cons of a plea bargaining. It is a plea to jury which gives defendants a second chance into getting their sentences cut short. When pleading guilty to a judge your plea have to be sincere, you must mean everything you state, and can also be able to give information on why and why not the jury should sentence you to serve less time. Asking for a plea bargaining is really like asking to convince the judge that whatever crime you did, you is sorry, and that you learned your lesson. Dealing with the system you have to show them that every word you mentioned you meant it. They have to feel some type of way to know that you are actually sorry and that you really want to do better. Help the system help you, they are only against you if you …show more content…
Agreeing to never do it again and showing the prosecution that they learned their lesson. It reflects on crime control because it gives defendants the benefit of the doubt that if they are arrested for clotting another crime that they will face more time than they would ever imagine. The plea bargaining process models of criminal justice allows citizens to work an agreement out with the system which allows them to plead against their wrong doing and it has to be

You May Also Find These Documents Helpful

  • Powerful Essays

    A Plea is a formal statement by or on behalf of a defendant or prisoner saying weather they are guilt or innocence.…

    • 1683 Words
    • 7 Pages
    Powerful Essays
  • Better Essays

    In other occasions court administrators, prosecutors and judges prefer to go for plea bargains to help reduce case volumes and in other cases granted time to the parties so they can prepare themselves for the case or to obtain further documentation to avoid losing time during the next hearing moving the case for a date where they might not have such big overload. Another option that the court administrators recur is to divide cases upon the crime in order to fit all short non complicated crimes in a day vs. having many complicated cases all together in one day since that would delay the case flow.…

    • 1550 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Cole, Plea-bargaining is negotiating a settlement between the prosecutor and the defense attorney, that would exchange a guilty plea for a lighter sentence.. Generally if the prosecutor is willing to lower the sentence, the defense will accept and plea guilty to the crime he or she was accused of. Roughly thirty-five years ago, plea-bargaining was not discussed outside of the courtroom. It was a “secret” of the court and done behind closed doors. Now, people know what plea-bargaining is, and is now a very controversial subject in society. There are positives and negative aspects of plea-bargaining in the case of Councilman…

    • 932 Words
    • 4 Pages
    Good Essays
  • Good Essays

    When a justice system replaces jury trials with plea negotiations it contradicts the fair rules of evidence in front of a judge or a jury. Plea negotiations are very different from the formal process. Criminals end up of facing sentences that are lighter while victims are left unsatisfied. Plea Bargaining is very private which can affect the outcome and will not benefit the everybody. While the bargain might help that receive less severe penalties than a conviction at trial, the bargain may still leave you with a criminal record that can have a huge affect in the future. For example, in Erma Stewart’s case after she chose to plea guilty her entire life changed. As she explained she could not afford to pay her probation fines due to the fact…

    • 354 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Questions Week 3

    • 314 Words
    • 2 Pages

    There are many advantages and disadvantages when it comes to plea bargaining. Among the advantages the defendants could possibly receive a lighter sentence, they can end up with a lesser charge, and most importantly they move through the criminal justice system a lot faster than if they were to fight a case. As for disadvantages both the defendants and the victims would be affected by plea bargaining. The defendant might not be guilty however he/she knows not enough evidence exists to prove their innocence and so they accept the plea, thus accepting punishment this not deserved. Victims are affected by plea bargaining because they almost always feel cheated as though the accused did not get what he/she deserved and as though justice was not served.…

    • 314 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    The concept of plea bargaining became a common means to resolve criminal cases in the early 1900s because not everyone that was accused of a crime had a lawyer to represent them in a trial. As the criminal justice system evolved, and there were more and more cases to prosecute, plea-bargaining was used more often so that all parties would have a faster resolution to the case, as opposed to going through a lengthy trial. The definition of plea bargaining is “the process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to court approval [that] usually involves the defendant’s pleading guilty to a lesser offense or to only some of the counts of a multicounty indictment in return for a lighter sentence than the possible for the graver charge.” (Siegel, Schmalleger, & Worrall, 2011, Chapter 12, Plea Bargaining and Guilty Pleas).…

    • 1298 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Plea bargains are an assertion in a criminal case between the prosecutor and the respondent that ordinarily includes the litigant conceding so as to get a lesser offense or sentence. Plea bargains are frequently alluded to as truly simply building up a common affirmation of the case's qualities and shortcomings, and don't really reflect a conventional feeling of Justice. In principle, courts are glad to host the individual gatherings work out an answer independent from anyone else, yet it makes one wonder…

    • 182 Words
    • 1 Page
    Good Essays
  • Satisfactory Essays

    Some pros of plea bargain is, creating a less over-crowed, over-whelmed system by taking simple cases away. With taking smaller cases away the prosecutors will have few trials to deal with and they will be more effective to the major cases they have. Another positive thing is that not matter if…

    • 177 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    An attorney can not make decisions for you but a seasons defense attorney would generally know how the prosecutor is in terms of flexibility in plea bargaining. Plea bargaining is where the prosecutor would recommend a lesser sentence or even lower the charges against you in exchange for a guilty plea. In some cases, it may be smart to wait until all the evidence is on the table before making a deal, but the extent of their deal will only go as far as the evidence, the severity of the crime and criminal history. The general goal for plea bargaining is to quickly resolve the case while also obtaining a guilty plea for a lesser sentence. The court would also decide whether or not the suspect would be eligible for bail. Next is the pre-trial hearing. The pre-trial is used to handle specific issues with the case and typically involve the judge, prosecutor, defense attorney, the defendant and sometimes other involved parties like Officer Gassman, an officer testifying for the trial. Pre-trial motions can be filed by both the prosecutor and the defense and their purpose is to better increase their chances of success for the…

    • 1340 Words
    • 6 Pages
    Good Essays
  • Good Essays

    Another fairly obvious benefit that defendants can reap from plea bargaining is that they can save a bundle on attorneys’ fees, assuming they are represented by private counsel. It almost always takes a lot more time and effort to try a case than to negotiate and handle a plea bargain, so defense counsel typically charge a much higher fee if the case goes to trial. There may also be other benefits for defendants who plead guilty or no…

    • 1064 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Plea bargaining is the essence of the criminal justice system, and it is the process in which a defendant pleads guilty to a criminal charge in order to receive some consideration from the state. There are various types of plea bargaining deals that defendants may accept, which include charge bargaining, count bargaining, and sentence bargaining. Charge bargaining requires the defendant to plead guilty to a less serious crime than the one originally charged with. Count bargaining requires the defendant to plead guilty to partial charges or counts, but not all of the charges presented against them. Lastly, sentence bargaining requires the defendant to plead guilty in exchange for leniency in sentencing.…

    • 623 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The question we are debating today is whether or not plea-bargaining undermines the Criminal justice system? The job of the Criminal justice system is to protect the citizens of the United States. How are we protecting them if we give criminals shorter sentences than they deserve? When we plea bargain we release more criminals back into the streets and put citizens of the United States' safety at risk. A plea bargain is an agreement in a criminal case in which a prosecutor and a defendant arrange to settle the case against the defendant. The United states department of justice's mission statement reads: To enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all Americans. This statement is being undermined because not…

    • 626 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Using the fairness and justice decision-making process it made me decide that the use of plea bargaining was unethical; due to the fact that it was not fair that criminals who have committed unlawful acts like rape, robbery, and numerous horrendous crimes were given leniency just because they are acknowledging they executed the offense. Stating your guilty doesn’t mean they reflected upon their actions and are ready to start a new leaf. They have instigated the felony and it is only right that they get the full consequence of their atrocity. Furthermore, what’s worse is that because of the pressure and fear of being convicted, the innocent plead guilty and the immoral run free and continue to disrupt the peace of the community. In conclusion, there is no fairness and justice when there is plea bargaining.…

    • 240 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Plea-bargaining has been practiced in the criminal justice system for over 300 years. Controversial cases have brought plea bargains to the forefront and have created bias towards this practice. However, if plea bargains were not implemented, a chaotic and expensive justice system would be created. With such cases bringing a negative view to plea-bargaining, this research paper aims to show the positives and negatives of plea-bargaining. Critics of plea-bargaining believe that sentences demonstrate to be more lenient to the defendants, contributes to the issue of mass incarceration, and how the Crown persuades defendants into pleading guilty. Nevertheless, supporters of plea bargains find that plea deals are beginning to including the victims…

    • 1039 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Plea Bargaining

    • 371 Words
    • 2 Pages

    Plea bargaining is defined as the process of negotiating an agreement among the defendant, the prosecutor, and the court as to an appropriate plea and associated sentence in a given case. The advantage for the defense is that less work is required on their part and they typically receive the same amount of money in return. An advantage for the prosecutor is they get a conviction and can alter the sentence any way they see fit as well as maintain an acceptable conviction rate. The court system heavily relied on the use of pleas to keep the system moving. In cases involving a plea the judge is able to dispose of a case quickly and move on to the next. In terms of jails and prisons plea-bargaining can also reduce the amount of inmate entering the facilities as jail time may have been suspended as a condition of a plea bargain. For a guilty defendant, the advantages to a plea bargain are clear; either reduced charges or a reduced sentence. Sometimes a plea deal can reduce a felony charge to a misdemeanor, but thats only a advantage to the defendant. Many plea deals have resulted in a reduction of sentence for the defendant. One gain in the plea bargain system is the fact that the judge in the case does not have to accept it. The prosecution can only recommend the agreement to the judge, but he cannot guarantee that the judge will follow it. As far as the victim goes, plea bargaining can give them closure to go on with their life and receive the justice they seek. Some states have victims' rights law that require a prosecutor to discuss the terms of any plea deal with the victim of the crime before making the offer to the defendant. In my opinion, plea bargaining is acceptable because it saves the system a great amount of time, money and resources only if it was entered with full knowledge and willingness. Even though the defendant in the end may not get a sentence agreed upon by others, they still have to serve time for their acts of crime. Plea…

    • 371 Words
    • 2 Pages
    Good Essays