Plea Bargainning Essay

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What is plea bargaining? Plea bargaining is the pre-trial negotiation, which takes place in a criminal procedure. During this procedure the defendant and has his attorney sits on one side, and the prosecutor is on the other. The defendant either agrees to plead "guilty" or "no contest" to a crime. Another element for plea bargaining would also be because the defendant reveals information such as location of stolen goods, names of others participating in the crime or admission of other crime(s), such as a string of burglaries. In return a reduction in charges, or dismissal of some charges, this has to be approved by the judge, before accepting can take place. If the judge does not agree, then the plea bargain is cancelled. In the book Law…show more content…
Still in some cases, prosecutors may be convinced that they have the right defendant and a completely accurate charge as to what crime(s) he or she committed, and yet secure a conviction may be questionable. This of course is beneficial for both sides to arrange a resolution of the matter without either side taking the chance that the case may go against them if it was to go to trial. It was also proven in 1998, which 92 percent of the cases presented were returned by Manhattan grand juries. Statistic seems to support critics' claims that the grand jury is little more than a rubber stamp…The majority of theses cases are resolved through plea agreements; fewer than 10 percent actually get to trial, and of those, the Manhattan District Attorney's Office claims a conviction rate of 75 to 80 percent (Berger 31). Although plea bargaining may be beneficial, there are some people that may think that there are problems associated with it. Steven Silberblatt states, "to be voluntary" within the meaning of the Fifth Amendment a statement by a criminal defendant must be a product of free will, unencumbered by threats or promises. Coercion of any kind, whether physical or psychological is prohibited…(Silberblatt). This being the case, why is the Criminal Justice system permitted to make promises and threats in order to induce defendants to give up all of their constitutional rights, which

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