Plea Bargaining

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Plea Bargaining
University of Phoenix
CJA/373 – Criminal Court Systems
Mario D’Adamo
Week Four - Individual Assignment
July 14, 2010

Plea Bargaining
Much of the criticism leveled at the legal system in general and the criminal justice system in particular is well-deserved, but one feature of the criminal justice system poorly understood and thus unfairly judged by both the public and the media, is the process of plea bargaining. Because criminal defendants have no incentive to plead guilty as charged, and because the number of cases that would otherwise need to be tried vastly exceeds the resources available to try them, plea bargaining is a strategy for avoiding total gridlock.
Definitions of Plea Bargaining The
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Naïve defendants may enter into plea agreements with prosecutors not knowing that they have the right to litigate fully any charges against them.”
However, according to the Fifth and Sixth Amendments of the United States Constitution, no person shall be compelled in any criminal case to be a witness against himself (self-incrimination), and in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury, to be confronted with witnesses against him.
Advantages of Plea Bargaining There are several advantages for plea bargaining. Some include; reducing the uncertainties of criminal trials, fewer trials and trial delays, more convictions, and reducing the costs of trials. Some other advantages of plea bargaining are that victims are spared either the trauma or inconvenience of testifying, according to the nature of the case, and the prosecution is spared the risk of acquittal.
Disadvantages of Plea Bargaining The concrete disadvantage is that there is some reduction in the conviction offense or sentence or both, although the outcomes of responsible plea bargaining are not dramatically different from probable outcomes absent plea bargaining. The most significant disadvantage of plea bargaining, however, is the abstract one - it involves negotiating with criminals and rewards their refusal to
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