Preview

The Importance of Plea Bargaining in Criminal Trials

Better Essays
Open Document
Open Document
1335 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
The Importance of Plea Bargaining in Criminal Trials
The Importance of Plea Bargaining in Criminal Trials

Screeech! That is the sound of our court system coming to a grinding halt, if plea bargaining were no longer utilized. Not only does plea bargaining save taxpayers an enormous amount of money, it often provides the evidence for a conviction and allows public defenders and other court officials to concentrate their limited resources on more important or difficult cases. Some people may believe that plea bargaining with criminals is wrong. The entire basis of the argument against plea bargaining says that criminals should not testify or have anything to do with the prosecution because they were involved with the crime.
We fail to realize that without plea bargaining many criminals would never be punished for their crimes at all. It is as simple as that. Granted, a plea bargain is, by definition, a compromise. But it is a compromise that is absolutely necessary for the judicial system to function. While it may seem that a person who exchanges his testimony for a lighter sentence would have sufficient motivation to lie in court the fact is that his testimony is simply verifying the testimonies of other witnesses. In a majority of cases plea bargains is utilized to ensure that the truly guilty criminal is punished. In our less than perfect world, plea bargaining is easily the lesser of the evils.

I agree with the definitions submitted by the affirmative speaker.

Americans have always emphasized getting a job done. We place a great deal of value on efficiency and industry. The government is expected to run with efficiency and operate with the good of the people in mind. Every aspect of our lives is governed by this utilitarian value. Why do we place such importance on efficiency? Because without it nothing would ever get done. If we all constantly obsessed over minute details and unrealistic ideals we would live in poverty. In the real world compromises are made because without them no
amount

You May Also Find These Documents Helpful

  • Good Essays

    Councilman Dennis Gallagher was accused of raping and assaulting a Queens woman. The alleged event took place on July 8, 2007. Although Councilman Gallagher said it was consensual sex, the plaintiff says otherwise. When it was brought to trail by a grand-jury preceding the judge claimed the defense team had unfairly presented their case to the grand jury. About a month from the ruling, Councilman Gallagher was offered a plea deal reducing the charges brought against him as well as future happenings. The woman, the victim in the case was upset by the offering and has said that she will make sure Gallagher gets indicted.…

    • 932 Words
    • 4 Pages
    Good 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 exceptionally regular in the American lawful framework, representing about 90% of every single criminal case. Numerous nations, be that as it may, don't permit plea bargains, thinking of them as deceptive and shameless…

    • 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

    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

    Plea bargaining means the negotiation between the defense and prosecutor lawyers on the sentencing an individual will get. One side might give up something to get other side to give a lesser sentence. I don’t think with the high case load that courts have we (USA) can realistic stop offering plea bargaining. It will be unrealistic. It will mean that the courts need more lawyers and judges.…

    • 384 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Dual Court System

    • 1085 Words
    • 5 Pages

    among the nation's founders about the need for individual states to retain significant legislative authority and judicial autonomy separate from federal control. The reason why we have a dual-court system is, back then; new states joining the union were assured of limited federal intervention into local affairs. The state legislatures were free to create laws, and state court systems were needed to hear cases in which violations of those laws occurred. Today, however, state courts do not hear cases involving alleged violations of federal law, nor do federal courts involve themselves in deciding issues of state law unless there is a conflict between local or state statues and federal constitutional guarantees. When that happens, claimed violations of federal due process guarantees especially those found in the Bill of Rights.…

    • 1085 Words
    • 5 Pages
    Good Essays
  • Better Essays

    Plea Bargaining Cases

    • 1514 Words
    • 7 Pages

    Plea bargaining is the process by which an agreement between the prosecutor and the defendant where the defendant pleads guilty to a lesser charge in the expectation of leniency. On February 7th, 1881 the first plea bargain was used in a trial by Albert McKenzie in the state of California (“Plea bargaining gains favor in American courts”). After the first use of a plea bargain in a 30 year span in Alameda County, “nearly 10 percent of defendants changed their “not guilty” pleas to “guilty of lesser charge” or plead guilty to reduced charges (“Plea bargaining gains favor in American courts”).” Soon plea bargaining spread throughout the entire United States becoming popular for most defendants. Alschuler (1979) found that over…

    • 1514 Words
    • 7 Pages
    Better Essays
  • Good Essays

    There are many issues associated with charge negotiation, as shown through 'True Plea on Justice', a Daily Telegraph article published on October 11th 2010, which details the plight of victims of crime, who are not told of the charge negotiation taking place, until they attend the trial. Under new guidelines from the state government, prosecutors must now complete a certificate detailing the consultation with victims and their families. This reform of current guidelines shows the inadequacies when regarding the balance of rights for victims, although this issues is being rectified. Charge negotiation is also effective when assessed for resource efficiency, as the cost of a sometimes lengthy trial is…

    • 844 Words
    • 4 Pages
    Good Essays
  • Good Essays

    I do believe that there are instances where plea bargaining can be an effective tool in the criminal justice system, however, as it stands, the overuse of the plea bargain by prosecutors has diminished it’s potential worth as a true bargaining tool by their flagrant daily misuse. While it is understood that the case load for the courts is overwhelmed and an alternative method of securing some form of justice is needed to alleviate the overrun system, the use of the plea bargain to alleviate the overcrowded courts is not completely acceptable.…

    • 444 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The majorities of individuals charged with a crime, whether state or federal never see the inside of a courtroom, and if they do see a courtroom it is not in the context that one would think. The defendant is not sitting in a courtroom full of spectators watching as attorneys argue the guilt or innocence of the defendant to twelve jurors who will eventually decide their fate. This perception of a courtroom has been molded into the minds of Americans through television. The real picture of how the majority of cases are tried is not in a courtroom, but a small room with the prosecutor who pushes the defendant to take a plea bargain. Plea bargaining is a process that uses negotiation to entice the defendant into pleading guilty to a lesser charge or only one of several charges without going to trial, which is a violation…

    • 626 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Plea bargaining is extremely popular in our criminal justice system. In fact, 90 percent of all criminal cases are negotiated through plea bargains. The defendant, the victim, law enforcement officials, the prosecutor, and the state, all benefit in various and significant ways from plea bargains. In this paper I will discuss how plea bargaining ensures that the criminal justice system is not overrun by criminal cases. I will also explain what plea bargaining means and where it originated from. As a police officer, I think plea bargaining is a great tool for it to be used in the criminal justice system.…

    • 2152 Words
    • 9 Pages
    Powerful Essays
  • Satisfactory Essays

    Discussion

    • 470 Words
    • 2 Pages

    -The benefits to plea-bargaining for society do not outweigh the cost to the individual because 95 percent of guilty convictions are a result of plea-bargaining. While the individual is generally hurt because of plea-bargaining, society benefits and suffers from it as well. Society benefits from plea-bargaining as it keeps the criminal justice system moving forward and allows judges to see more cases in a shorter period of time. This is good for society, as individuals are not held for a long period of time waiting for their trials to come up. At the same time it does not help society because more individuals are going to jail even when they did not commit the crime because they are better off just taking the plea deal instead of fighting the case in court. Individuals end up suffering from prosecutors overcharging individuals just to gain a conviction. Society also ends up having to pay for the rising costs of prisons as more people are convicted and have to serve time. Societies also suffer from plea-bargaining because individuals are going to prison and are unable to take care of their family while being locked up.…

    • 470 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    What role does the Jury system play in Criminal Trials and is it still relevant in today’s society?…

    • 1238 Words
    • 5 Pages
    Better Essays