Preview

The Morality Of Plea-Bargaining In America

Powerful Essays
Open Document
Open Document
2584 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
The Morality Of Plea-Bargaining In America
Risk in America A little over a year ago I was a senior in high school, leaving school with the weekend ahead of me, ready to unwind, and enjoy the night with my friends. On my trip home my mother called me and asked if I could go out of my way to pick my sister up from school; reluctantly, I tell her that I will. Before that call my friends and I had established that I would be driving us to the senior class tailgate before the football game that night. Wanting to get to the tailgate faster, I begin to force my foot on the gas pedal a little more, without thinking about the consequences of my risk. Suddenly, I look back in my rear view mirror and see the dreaded red, blue, and white lights flashing. I look down at my speedometer and realize …show more content…
Innocent Americans accused of crime are more likely to take the guilty plea because it will give them a lighter sentence, than if they were to go on trial. We accept the system that we have now, and its flaws, because risk taking is a part of American life. In the article “The Morality of Copping a Plea”, Steve Maich tells that the system too often relies on intimidation and coercion to make defendants take the guilty plea. (2) The coercion into the guilty plea creates risk for Americans, but as a culture we are so overwhelmed in risk we accept the risk of guilty pleas. The reason guilty pleas are still acceptable is because Americans love being put in the spot to take a risk. In our Constitution it does not say that there should be a risk in trial but risk taking is so integrated into our life that we accept it. Americans comfort with the unmoral system is evidence of how important risk is to our culture. We would rather accept the unconstitutional methods that the system imposes on us than take away the risk that the system forces us …show more content…
Even though risk taking is so integrated into our lives, we need to learn how to make the unconscious risks we take more conscious. We need to be able to gain control of the risks we come across, so our society does not become out of control. It is just as important to be able to separate reasonable risk from the unreasonable, as it is to remember how risk taking has built our culture and country into what it is today. In our country we have risk that can be useful to us and risk that we love just for entertainment. People need to be able to separate the risk that our Founding Fathers took and the risky stunts that the Jackass cast partakes in. We must savor risk until we are sure of value that can be gained from

You May Also Find These Documents Helpful

  • 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
  • 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 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
  • Good Essays

    The Canadian Law Dictionary (2013) defines “plea bargaining” as “an informal practice where the accused uses his or her right both to plead guilty in order to bargain for a benefit that is usually related to a charge or the sentence”. A plea bargain is the most common method used in the disposition of criminal cases and makes up 95% of cases in Canada (Barbara, Morrison, and Cunningham, 1976) and usually consists of an agreement with the Crown prosecutor to make an alliance to get the judge to make a sentence. In most cases plea bargaining is considered as a “deal with the devil”. In 1975, the Law Reform Commission of Canada defined "plea bargaining" as "any agreement by the accused to plead guilty in return for the promise of some benefit…

    • 1084 Words
    • 5 Pages
    Good Essays
  • Good Essays

    We all take risks every day as part of normal lives, we drive cars, cross roads and participate in activities which could cause harm. It is impossible to eliminate risk completely, but perceiving where it may be possible and using preventative measures to protect from harm is a factor. Risk taking is usually thought of as a means of danger. Although there may be negative elements, it can have positive benefits for the service user in terms of achievement.…

    • 1053 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Plea bargaining became common sometime after the Civil War. The proliferation of cases, in the federal courts, brought on by prohibition was instrumental in the institutionalization of plea bargaining. (Neubauer, 2002, p. 323) It was not until the sixties that plea bargaining became a topic of controversy. This controversy seems to stem from the fact that the name suggests that the courts are bargaining with criminals. But "much of what is characterized as 'plea bargaining ' often involves the assessment and reassessment of facts...." (Nasheri, 1998, p. 24) After examining all the facts the conclusion might be that there is just not…

    • 2149 Words
    • 9 Pages
    Powerful Essays
  • Good Essays

    Taking risks is a necessary part of our growth as human beings. By taking risks, we do so knowing that the outcome could be good or bad. Regardless of what happens, the results give us new knowledge and perception of things. We learn from these experiences. When the Challenger exploded, President Reagan gracefully reminded our country of the importance of risk-taking by saying, “It’s all part of taking a chance and expanding man’s horizons. The future doesn’t belong to the fainthearted; it belongs to the brave.”…

    • 608 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Plea Bargaining

    • 749 Words
    • 3 Pages

    A plea bargain is an agreement in a criminal case between the prosecutor and defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor. This may mean that the defendant will plead guilty to a less serious charge or to one of several charges, in return for the dismissal of other charges; or it may mean that the defendant will plead guilty to the original criminal charge in return for a more lenient sentence. A plea bargain allows both parties to avoid a lengthy criminal trial and may allow criminal defendants to avoid the risk of conviction at trial on a more serious charge. For example, in the U.S. legal system, a criminal defendant charged with a felony theft charge, the conviction of which would require imprisonment in state prison, may be offered the opportunity to plead guilty to a misdemeanor theft charge, which may not carry a custodial sentence.…

    • 749 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The use of plea bargaining can coerce “innocent defendants to plead guilty” (Guidorizzi, 2013, p. 197). Being arrested is a frightening experience for anyone. If an innocent person gets arrested and is told he can get a harder sentence if he risks going to trial; he may accept a bargain for a crime he did not commit. This comes from the fear of going to prison for even longer. Unfortunately this has happened and continues to happen. Criminologists suspect that “between 2 percent and 8 percent” of innocent individuals plead guilty. That means that at least forty-four thousand innocent individuals are behind bars and most from plea bargaining. An example is when Brian Banks was wrongfully convicted of rape and kidnapping “after accepting a plea bargain under the advisement of his original lawyer” (Rakoff, 2014). He served five years of that sentence. This can have long lasting negative effects for anyone that goes through this. Because plea bargaining has caused innocent people to go to prison, it is a negative practice and it should be…

    • 642 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Most Anglo-American courts actively discouraged guilty pleas and the procedure of “Plea bargaining emerged as a significant practice only after the American Civil War, and it generally met with strong disapproval on the part of the appellate courts” (Alschuler 211). Plea bargaining began to appear in court reports after the Civil War, which included the first such case, Swang v. State, in which the defendant pleaded guilty to two counts of gambling as was dismissed from eight other gambling charges (224 Alschuler). Such surveys conducted in the 1920’s revealed that an increased number of plea bargaining agreements may have caused some defendants to plead guilty, even though they could not have been convicted at trial. As the number of convictions by guilty plea increased during the time following the 1920’s, “both the percentage of convictions at trial and percentage of acquittals showed a sharp decline” (Alschuler 230). Records today indicate that approximately 90% to 95% of criminal convictions are reached through plea bargaining. While the prominent goal of our justice system is to provide justice for all, justice is difficult to accomplish, for there are many various factors that contribute to crime, such as educational, social, and psychopathological factors, which must be considered to provide justice…

    • 1578 Words
    • 7 Pages
    Better Essays
  • Good Essays

    Plea bargains are favorable in Herbert Packer’s crime control model of the criminal justice system, which resembles an assembly line (Roach 676-677). The least amount of time possible is spent on each of the accused in order to keep the constant stream of offenders flowing through the system. Instead of starting with a presumption of innocence, in a way there is a presumption of guilt that the offender has to address before reaching the position of a presumption of innocence. Of course it is impractical to just do away with plea bargaining and have a jury trial for every single person accused of a crime; there simply isn’t enough labor force and resources to support such an initiative (Devers 3). However, with 90 to 95 percent of people pleading guilty, prosecutors should stop using plea deals as a go to for every case that is brought to them (Devers 1). A starting point would be, at the very least, trying to restrict plea deals to defendants that can provide information or testimony that would lead to the conviction of a criminal. Or plea deals can be restricted with guidelines and only used for specific crimes (Devers 4). Another option would be to take a portion of discretionary power away from the prosecution. Some research has shown that prosecutors will push for harsher punishment if the defendant did not accept their plea deal (Devers 2). This works as a scare tactic and against anyone that is accused of a crime be they guilty or innocent. It is ridiculous that a defendant would be penalized for exercising their constitutional rights, simply because the prosecution wants them to accept the established presumption of guilt. It is possible that involving the judge and defense attorney or even a separate entity into the process would make it more of an equitable system (Devers 4). Taking any one of these measures would move…

    • 1813 Words
    • 8 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

    “Without question, plea bargains benefit many defendants who have committed crimes and receive lighter sentences than they might after trial. It also limits cases that require considerable time and expense in court.” (Oppel, 2011) Victims feel as though this gives them less jail time which in turn means that they will be back out on the streets sooner to resume committing these crimes again. Victims fear for their lives and the lives of their family as well because they feel as though there may be some retaliation brought to them because they file charges against…

    • 519 Words
    • 3 Pages
    Good 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
  • Good Essays

    The American justice system is one of the greatest aspects of the U.S. Constitution. The judicial branch insures that anyone in America receives a fair trial, that a nobody is incarcerated without due process and significant evidence, it assumes innocents until proven guilt, and protects the rights of citizens, victims, and the accused. The American justice system works most of the time, in that criminals normally go to jail while innocent people are set free; however, every system has its faults. Foremost, there is much debate over the concept of “guilty beyond a reasonable doubt.” Many argue that courts do not always prove guilt or innocence, as in many people who are guilty of their crimes are not convicted because there was not enough evidence. The concept of ‘beyond a reasonable doubt’ is subjective and left up to the standards of the jurors. In today’s society, if a case does not have physical evidence, but strong circumstantial evidence and eyewitness accounts (evidence that was often deemed enough to convict several decades ago), the jury still may not convict because they have the idea that their should be some type of physical evidence for the person to be found guilty beyond a reasonable doubt. Often times, the idea of true guilt is lost in trying to prove ‘beyond a reasonable doubt.’…

    • 582 Words
    • 3 Pages
    Good Essays