Preview

Importance Of Plea Bargaining In Criminal Justice

Good Essays
Open Document
Open Document
451 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Importance Of Plea Bargaining In Criminal Justice
Plea bargaining not only serves a purpose in our criminal justice system; it has become a vital part of it. The significance of plea bargaining can be overlooked because of the implications of the wording. The term “plea bargain” sometimes implies a misnomer in the fact that it leads one to believe those who accept a plea bargain are getting off easy which in many cases is not true. In many cases, plea bargains prove to be the most efficient method of invoking justice on criminals (Bohm & Haley, 2011). The prosecutors job is to prosecute those responsible for the crimes and to punish the guilty ones within the confines of the criminal justice system. A plea bargain is a tool that the prosecutor can use for the purpose of speeding up the judicial process without violating the rights of those accused. Not only can plea bargaining minimize the amount of time it takes to get a criminal to the …show more content…
According to Bohm and Haley (2011), Gary Ridgway was allowed a plea bargain which kept him from being put to death for the murder of 48 people. In his plea bargain agreement with prosecutors, Ridgway received a life sentence, without the possibility of parole, for each of the 48 counts against him. In this case, the outcome will be the same in the end as Ridgway will die in prison but without the cost of an initial trial, and the expense of all of the appeals, which are automatic in a death penalty case. Due in part to these facts, I believe plea bargain will always be a part of our criminal justice system, and I agree that it should remain a part of the system. Imagine how overloaded our judicial system would be without plea bargaining and then there are the astronomical costs that would be associated with trying each case (Bohm & Haley, 2011, p.

You May Also Find These Documents Helpful

  • Better Essays

    Chapters 5-9 Study guide

    • 2328 Words
    • 10 Pages

    2. For defense attorneys a “successful” case often means a reduction in sentence via a plea bargain, not…

    • 2328 Words
    • 10 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
  • Better Essays

    When it comes to plea bargaining, there are two different types that can be offered to the defendant by the prosecutor: sentence bargaining and charge bargaining. Sentence bargaining is when the accused is informed of what the sentence will be with a guilty plea and is useful in helping the prosecutor to obtain a conviction by offering the minimum, instead of the maximum sentence for the charge. If the defendant is facing serious charges and does not want to chance receiving a maximum sentence during trial, they may enter a guilty plea in order to serve the least amount of time possible. Charge bargaining is when the prosecutor offers to either charge the accused with a lesser charge, or to reduce the number of charges that have been filed against him/her, in exchange for a guilty plea. For example, if the defendant is charged with a DUI, driving with an expired license, and driving with expired…

    • 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

    Plea Bargaining has become a major factor in our criminal justice system. Like all controversial topics there are many pros and cons that make it hard to decide what is right and wrong about the situation. I personally feel that plea bargaining should be abolished. Plea bargains are creating harm to our criminal justice system. Due to plea bargains the criminal justice system is being undermined and losing control of what is happening to criminals.…

    • 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

    By not producing results that correlate with the outcome, plea bargaining weakens the validity of the criminal justice system. Validity or legitimacy is a very important characteristic of the legal system’s effectiveness. The view of the legal system is determined considerably on whether or not the system operates in harmony with basic rules of procedural fairness, for example treating cases alike or allowing parties an opportunity to be heard. Nevertheless, a system that fails to function under such rules will lose their…

    • 623 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The main fault that I see with a plea bargain is that it violates the six amendment. The reason why the sixth amendment is in violation is that plea bargaining goes against what it stands for. The sixth amendment states that everyone has the right to a fair trial; however, most cases are not even analyzed in front of a judge or jury because of a plea bargain. The main reason a plea bargain is put into play is to push a case through the system faster and resolve it quicker. Furthermore, everyone knows that when situations are rushed that information is likely to be missed. For example, there are many situations where defendants take a plea bargain to stray away from more intense punishment. However, many individuals who take this bargain are…

    • 493 Words
    • 2 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

    • 749 Words
    • 3 Pages

    Charge bargaining is a form of plea bargaining. Charge bargaining is when the prosecuting attorney has the capability of negotiating with the accused about the charges that may be filed. This allows for the prosecuting attorney to give the defendant the opportunity to “plead guilty” to lesser charges. (Larry J. Siegel, 2011) An example could be if the accused is pulled over for drinking while intoxicated and has a suspended license; the prosecuting attorney may offer the defendant a plea bargain of pleading guilty to the driving while intoxicated and dismissing the charge of driving with a suspended license. Sentence bargaining is another form of plea bargaining. Sentence bargaining comes in to play when the defendant accepts an agreement to pleading guilty in exchange for spending a less amount of time in jail or prison. (Larry J. Siegel, 2011) An example of a sentence bargain could be if an individual is being charged of murder and they have the death penalty in that particular state;…

    • 749 Words
    • 3 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
  • Satisfactory Essays

    With that comes a lot of room for corruption to occur. Also with pressure being put on the public defender and prosecutors because of limited jail space it is hard for justice to be served. I believe that some stronger controls should be entered into the plea bargaining system. The plea bargaining system should be monitored more closely to watch for corruption in the system. Also to help the prosecutor and public defender to serve justice a little better there would need to be more holding facilities so that more criminals that deserved it would end up in…

    • 764 Words
    • 4 Pages
    Satisfactory Essays
  • Powerful Essays

    No matter the severity of the case, plea bargaining is relied on heavily in the United States. Many people see this as controversial and disrespectful to the victims and their families; just as many people see this as a necessary tool for justice to be served. With our criminal justice system relying so heavily on plea bargaining, we have to ask ourselves a few questions: is the verdict of these cases better for the victim or the criminal; does this institution we call plea bargaining give the ability for justice to be served or does the crime get diluted and become justice…

    • 2152 Words
    • 9 Pages
    Powerful Essays