Plea Bargaining and Its Effects on Society
Daniela West
Mr. Sandarg
English 1102
17 February 2012
Plea Bargaining and Its Effects on Society A boy named Tyler, age fifteen, was arrested for robbery. He had no alibi and the defendants can tie him to the scene of the crime by a Nike Shock size eleven shoe print. To get a lesser sentence he pleaded guilty to a lesser charge. Now instead of being sent to a Juvenile Detention Center he has to serve probation for a year and the charge will be expunged when he turns eighteen. A few months later after this boy pleads guilty new evidence was released proving his innocence. Although proof of his innocence arose he still had to serve probation because he had already pleaded guilty. This process of pleading guilty to a lesser charge to get out of a more severe charge is called plea bargaining. Law enforcement has the goal to catch and punish those who break the law by any means necessary, but here in the United States, it is necessary to have beyond a reasonable doubt that someone is guilty before this person can be charged of a crime. That is when and how plea bargaining comes into play. It is my belief that everyone should know about plea bargaining and while plea bargaining has some benefits, there are more cons related to plea bargaining like the breaching of the Constitution, a criminal not getting as much time as they deserve, or the innocent always being guilty of a crime they didn’t commit. First, what exactly is plea bargaining and where did it come from? It is, “allowing pleas of guilty in exchange for a reduction in the number or severity of charges or a prosecutor’s promise of a sentence recommendation” (Houlden 267). Now where did it come from? There is no clear answer to this question, but theories have been formed based on different studies. These theories state that “[t]he twin evils of caseload pressure and an irrepressible tendency toward cooperation among members of the courtroom "work group" are said to render plea bargaining unavoidable”
Mr. Sandarg
English 1102
17 February 2012
Plea Bargaining and Its Effects on Society A boy named Tyler, age fifteen, was arrested for robbery. He had no alibi and the defendants can tie him to the scene of the crime by a Nike Shock size eleven shoe print. To get a lesser sentence he pleaded guilty to a lesser charge. Now instead of being sent to a Juvenile Detention Center he has to serve probation for a year and the charge will be expunged when he turns eighteen. A few months later after this boy pleads guilty new evidence was released proving his innocence. Although proof of his innocence arose he still had to serve probation because he had already pleaded guilty. This process of pleading guilty to a lesser charge to get out of a more severe charge is called plea bargaining. Law enforcement has the goal to catch and punish those who break the law by any means necessary, but here in the United States, it is necessary to have beyond a reasonable doubt that someone is guilty before this person can be charged of a crime. That is when and how plea bargaining comes into play. It is my belief that everyone should know about plea bargaining and while plea bargaining has some benefits, there are more cons related to plea bargaining like the breaching of the Constitution, a criminal not getting as much time as they deserve, or the innocent always being guilty of a crime they didn’t commit. First, what exactly is plea bargaining and where did it come from? It is, “allowing pleas of guilty in exchange for a reduction in the number or severity of charges or a prosecutor’s promise of a sentence recommendation” (Houlden 267). Now where did it come from? There is no clear answer to this question, but theories have been formed based on different studies. These theories state that “[t]he twin evils of caseload pressure and an irrepressible tendency toward cooperation among members of the courtroom "work group" are said to render plea bargaining unavoidable”