Plea Bargaining In Court Cases

Over the years plea bargaining has become the way for the Administration of Justice in America and Canada’s criminal trials. Accused criminals are giving up the rights to a fair trial, to indeed plead guilty, in order to receive a much lesser charge, more comfortable prison, or even to agree to testify against someone else. Fewer than ten percent of criminal cases brought up by the federal government even make it to the federal courts to be tried before juries each year. “According to one legal scholar, every two seconds during a typical workday, a criminal case is disposed of in an American courtroom by way of a guilty plea or nolo contendere plea” (Lynch, par. 1). Which ultimately means more than ninety percent of criminal cases are

More than 90 percent of criminal convictions come from negotiated pleas, also known as, plea bargaining. Plea bargains are used every day at both the federal and state court level. They certainly have their “proponents” as well as their “opponents”. A plea bargain basically 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. That agreement is usually in the form of a defendant pleading guilty to a “lesser” crime with a reduced sentence in return for the prosecuting authority not having to expend the time, energy, expense and manpower in seeking a conviction in a trial of a more serious charge. An evaluation of the evidence against the defendant is usually a significant factor by the prosecutor in determining whether or not a plea bargain should be offered. If the prosecutor’s case is strong, the chances of a plea bargain being offered to the defendant are lessened. While at the same time, if the prosecutor feels that his evidence is on the weaker side, the probability of a plea bargain being offered is enhanced.

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.

People have long debated whether plea bargaining is the best way to handle felony cases in the justice system. This article focuses on a reformed, institutionalized way to plea bargain. The author researches the King County Prosecutors rationalized approach to the way the Early Plea Unit handles their cases.

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

What is Plea Bargaining? Plea Bargaining is the pre-trial arrangement, which happens in a criminal methodology. Amid this system, the respondent and has his lawyer sits on one side, and the prosecutor is on the other. The litigant either consents to argue "blameworthy" or "no challenge" to a wrongdoing. Another component for plea bargaining would likewise be because the respondent uncovers data, for example, area of stolen merchandise, names of others taking part in the wrongdoing or affirmation of different crime’s, for example, a series of robberies. Consequently, a decrease in charges, or rejection of a few charges, this must be endorsed by the judge, before tolerating can occur. On the off chance that the judge does not concur, at that

The plea bargaining process is no stranger to the justice system. The issue of plea bargaining has been subject to never-ending debate as to whether or not this system is still viable. Some believe that we should abolish this system of plea bargaining. Plea bargaining is criticized for failing to take into account the victims’ desires. Rampant is the belief that people are not being properly punished for their crime and, as such, leads to a diminished respect for the criminal justice process. Others believe that the plea bargaining system is necessary in order to prevent overwhelming case loads for the justice system and it also helps save court time and money by resolving cases early on in the criminal process. It can also help secure a conviction if it is unclear if there is enough evidence for the accused to be found guilty of his or her crime. Despite some of its limitations raised by critics, we should not go so far as to demand the abolishment of plea negotiations. The plea bargaining system is a necessary evil. While the system of plea bargaining is indispensable, it is important to note that the plea bargaining process in Canada is far from perfect. Thus, suggestions will be recommended for a reform of the process of plea bargaining. Directions for future research will be discussed as well.

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.”

In chapter 18 “The Case against Plea Bargaining” by Timothy Lynch, it discusses the use of plea barging in cases which involve defendants admitting guilt in exchange for a reward. According to Lynch, some of the benefits include being charged with a lesser offense or in other words a reduced sentence, a decrease in counts when a defendant is charged with numerous counts of crime, and a promise by the prosecutor to recommend to the judge that a soft sentence is forced. Another benefit is the modification in the charges filed against the defendant to be somewhat more acceptable.

Also during this storming process, Juror #8 was aware of all the opposition he was facing with his not guilty vote, and realized he needed to take the role of taking charge in opening up dialog to discuss the case. In this power struggle, he influenced some of the other Jury members by bargaining. Bargaining is a tool used to offer an exchange. He used this tool to convince others to discuss the case by giving them a choice. He presented them with a 2nd vote in which he would exclude himself from, and if all remaining voters still believe the boy is guilty of murder, he would conform to the mass vote, end the case and send the boy to the electric chair. But if not, they will take more time to deliberate and open a genuine discussion of the case. The 2nd vote turned Juror #9’s vote from guilty to not guilty, and Juror #8 was successful in his bargaining

Pleas don’t come without drawbacks or dangers. Some fear that an innocent defendant may be pressured into a confession and plea out of fear of a more severe penalty if convicted. Another drawback is that some vicious criminals will get lenient treatment and get less than they deserve and be back out in a shorter time. “More than 90% of convictions come from negotiated pleas, which means that less than 10% of criminal cases result in trial.” This statistic starts to answer a question I had about our system. “What are the effects of plea bargaining in our courts and should there be more control over them?” The obvious effects are that fewer cases actually go to trial. With less cases

The use of plea bargaining has been prevalent in the modern Justice system throughout generations. It was not until the early twentieth century that its use became common and admissible in courts. During the early twenties the great experiment of prohibition came about, legally this resulted in the over criminalization of many laws, and saw the courts swell far beyond overcapacity. Although it's been legally used for over a hundred years, the plea bargain saw its real start begin with this massive influx of criminals. Throughout its early history the plea bargain was seen as a tool to buy freedom, lawyers and judges did not try and hide the price tag of a reduced scented, naturally it was used as a tool of corruption. Even after the end of prohibition the United States government searched to over

In the United States, plea bargaining seems to determine the fate of criminal defendants, rather that trials. This is true in federal cases, but specifically in drug cases. An estimated three percent of federal drug defendants actually go to trial (Fellner). Also, according to the Federal Bureau of Prisons, 50% of inmates are in federal prison for drug offenses. Of those in prison for drug offenses, evidence has shown that “defendants convicted of drug offenses with mandatory minimum sentences who went to trial received sentences on average 11 years longer than those who pled guilty (215 versus 82.5 months)” (Fellner). Harsh sentences for drug offenses has fueled climbing federal prison population since the anti-drug effort began in the mid-1980s.

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,

It has been understood that many successful criminal prosecutions in the United States end not with jury trial, rather yet plea bargain. Plea bargains are agreements between prosecutor and defendant, where the defendant agrees to plead guilty in order to receive a lesser offence or sentence. “The mode of plea-bargaining is most closely associated with high volume, low-stakes cases like misdemeanors and low grade felonies, as well as cases in which the prosecutor and defense lawyer have a good relationship and a long history of past dealings,”(O’Hear,2008). Throughout the following report I will be creating a scenario as a prosecutor proposing a plea offer alongside with a role of defense counsel and preparing a counteroffer