Disadvantages Of Plea Bargain

Based on the charged presented to someone a plea bargain, no matter how unusual may sound appealing. For example, if an individual was stop for speeding one night and was later found to be driving under the influence they could be charged with an OUI. Lets say this is not this persons first OUI and due to this being a recurring offence they will be facing jail time and a loss of license. After the individual was arrested their vehicle was searched and a large amount of money was found in a bank sleeve. In this instance the prosecutor offers, no jail time, and suspension of the license for 30 days opposed to year in exchange for the cash found in the vehicle. This would be an example of ad hoc plea-bargaining. It’s unethical perhaps for the prosecutor to suggest the defendant surrender his money to the state to receive a lighter sentence, however if the defendant does not with to do jail time and not having a license for an extender period of time could be devastating to them. Ad hoc plea-bargaining can also be exchanged in the other direction, from the defendant to the

A plea bargain is a negotiation between the defendant and their attorney on one side, and the crown prosecutor on the other side. A plea bargain may give the defendant a lightened sentence, in exchange for either confessing to some crimes, or giving information that is related to the offence, for example, the location of stolen goods or the names and locations of other participants, as well as their part in the offence.

The plea bargain (also plea agreement, plea deal, copping a plea, or plea in mitigation) is any 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 the 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

Plea bargaining is when the defendant and prosecutor negotiate an agreement between each other where the defendant pleas guilty to reduced charges.

According to Timothy Sandefur’s In Defense of Plea Bargaining article, “a plea bargain is a contract with the state. The defense agrees to plead guilty to a lesser crime and receive a lesser sentence, rather than go to trial on a more severe charge where he faces the possibility of a harsher sentence.” We are also told in The New York Times Article; Federal Law on Sentencing is Unjust, Judge Rules that “about 97 percent of federal criminal convictions nationwide were the result of plea bargains.”

The history of plea-bargaining dates back to early the 1800s during the Commonwealth v. Battis case. The plea-bargaining is a process of negotiation that usually involves the defendant, the prosecutor, and the defense counsel. The plea-bargaining is a practice by which prosecutors charge a defendant with a less serious crime in exchange for a guilty plea. The defense attorneys and their clients will agree to a plea of guilty when they are unsure of their ability to win acquittal at trial. Prosecutors may be willing to bargain because the evidence they have against the defendant is weaker than they would like it to be. Plea-bargaining offers prosecutors the additional advantage of a quick conviction without the need to commit the time and resources

An agreement made in a criminal case between a prosecutor and its defendant, before reaching a trial is a plea bargain. The prosecutor offers an opportunity to the defendant to plead guilty. By agreeing to plead guilty to a crime the defendant would in exchange get a prosecutor’s promise to convince the judge to reduce the sentence. It is really impossible to predict what a jury is going to decide in a trial. I personally think that plea bargaining is being used as an easy way out; instead of having the person who committed the crime pay for what they did by serving the whole time. By managing a plea bargain the terms can sometimes be used to include pondering on how it works and who it can help.

Although many people may not like or appreciate the Plea bargaining clause in the criminal justice system but I think the plea bargaining is a good thing because it helps the criminal justice system to be processed more faster by helping the judges to get rid of numerous of case loads. If it wasn’t for plea bargaining, it would probably take criminals a longer time to appear before judges, which would lead the victims to wait for a longer time to see or gain justice. With that say, plea bargaining is a big helps to the criminal justice system, which I think that promote more good than bad regardless to which degree it results. In the meantime, when confronted with the choice to plea to a lesser charge in return for certain but less severe

The question of “whether Plea deals are at all effective or do they just erode the criminal justice system?” has been raised for some time now. Plea bargaining has been closely scrutinized for many years by individuals who believe in justice being served within our courtrooms and fair-mindedness. I believe that plea bargains not only cripple and deteriorate our justice system but it negates justice altogether.

Fisher, R & Ury, W. (1983). Getting to yes: negotiating agreement without giving in. New York:

The main benefit to a judge for accepting a plea bargain is to expedite the number of cases being crossed off an often overburdened calendar. For the most part, a judge does not have time to take every case to trial. In addition, due to the crowded nature of jails today, should a criminal be convicted a judge may have no other choice but to release them depending on the nature of their crime. Therefore, a judge will often argue that plea bargains are an excellent way to avoid overcrowding problems by bypassing jail time for those who would not likely have spent much time in jail

Nicholas Muia, I completely agree with you. Plea bargaining is the best thing for the criminal justice system. It is a waste of time to take someone to trial when the prosecutor has so much evidence, such as witnesses, DNA, and finger print to convict that person. Just give the person a plea deal up front, and make it easy for the judge, the defense attorney, and the prosecutor. I do not see why some people would agree to go through the entire process instead of that. Plea bargain save time, money, and reducing on the pain that the victim is suffer because we sometimes not release that, the longer the trial last is more the victim of the case has to suffer. That is why, I support the plea

In some instance, plea bargain helps to cover the cost of a trial due to the length of time of the trial. In other cases, a plea bargain serves it purpose for the defendant basis on the attorney suggestion.

Some advantages and disadvantages of plea-bargaining: As the name suggests, a plea bargain most of times lets a offender to plea to a lesser charge, or have the prosecutor approve to demand a smaller sentence from the judge. The benefit of this to the offender is that it eliminates the danger of getting a greater sentence. The drawback is that it also removes the option of being cleared of all charges. A plea-bargain escapes trial. The advantage of this to the court and prosecutor is bigger capacity to grip cases (trials take time, and the plea-bargain lessens the quantity of time consumed), and significantly lowers budget. An advantage to the prosecution and disadvantage to the offender is that getting a plea usually lessens the skill to appeal

You know how sometimes you’re waiting in line, and the person a few spots ahead of you is in an argument with the cashier? It sucks. That one person is holding up the entire line just because they are incapable of coming to an agreement with the cashier. And now, because of them, your entire day is thrown off, simply because two parties could not reach a mutual agreement with each other. In a nutshell, this is plea bargaining. Imagine that the person a few spots ahead of you is a prosecutor and the cashier is the defendant in court. It is the exact same thing. Plea bargaining is a term used when the two parties reach a mutual agreement in a court of law. Usually it involves a little bit of give, and a little bit of take from both parties,