Pros And Cons To Criminal Trial

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.

Prosecutors have the authority to dismiss charges and the authority to accept a plea deal of lesser charges. The main reason that a prosecutor may not prosecute an individual is because of insufficient

Most convictions are a result of plea bargaining. The 6th amendment to the Constitution guarantees our “right to a speedy trial’. A trial is also a huge risk of being given a much longer sentence if you are found guilty. This has led to many innocent people pleading guilty to

No one knows how juries will react in certain situations. For most defendants the incentives far outweigh the disadvantages. One benefit is receiving a lighter sentence on a lighter charge than they would have received if gone to trial and lost. They pretty well know that they will be found guilty so they help the court by pleading guilty and saving them time. In return, the court offers a lighter sentence for the plea. Another benefit of plea-bargaining is monetary. If represented by private counsel, the defendant usually spends a bundle on their fees. It takes less time and effort to go through a plea bargain that does a trial. Some other reasons are to have less socially stigmatizing offense on one’s record. Another is just to avoid publicity and the hassle of minor offenses.

One reason a plea bargain may occur is because a prosecutors evidence is not as strong as they would like. Prosecutors want their cases to be as strong as possible so that they can expect a win. If they are unsure of what the outcome may be, they prefer to find a way to avoid going to trial. Plea bargains offer prosecutors a speedy conviction without committing to the necessities of a trial. However, this does not only help the prosecutor. The accused may find reduced charges, reduced defense costs, and sometimes even a shorter sentence than originally planned.

Defendants can have their cases completed quickly, meaning guilty pleas can often be arranged within minutes while criminal trials can take days, weeks, or months. It is also beneficial for defendants because plea bargaining gives the defendant and prosecutor some control over the result decision. Plea bargaining not only benefits the defendants it also benefits attorneys because they can solve the case fast and do not need to prepare for trial and can work in other cases, also they get their fee quickly. Public defenders may reduce the large caseloads, and last but not least it keeps judges away from trials which consumes time.

Plea bargaining is a problem. The criminal law typically authorizes draconian penalties; the three strikes laws. Also, the judge has the power to present defendants with unconscionable pressures. The judge offers to drop a three-strikes charge if the defendant pleads guilty. The defendant must now choose between the risk of life in prison if convicted at a trial. Then also, maybe a short-term or a suspended sentence following a guilty plea. The Supreme Court has accepted such pleas as voluntary.

Let’s pretend that you have been accused of a serious crime. You allegedly match the suspect description and have been picked up by your local police department. Your family and neighbors all watching you as you are being hauled off to your local jail. You are being detained in a cell awaiting to speak with someone that can help you. A public defender has been assigned to assist you because you only earn minimum wage and cannot afford to hire your own private counsel. The public defender informs you that the prosecutor has offered a plea bargain; plea guilty and get only 2 years in jail or go to trial and possibly face 15+ years if found guilty. You know you are innocent, but the thought of being incarcerated for that much time begins that weigh in on you. Your public defender, who is supposed to be there to help you, recommends you take the plea. “It’ll only be two years”, he says “more than likely less with good behavior”. You don’t even know what evidence the prosecutor has against you, if any. You are given a week to accept or reject the offer, while being detained in a cell because you couldn’t make your monetary

I do not agree that we should offer someone a sentence bargain. If the individual committed the crime then he/she should have to do the time. So, when Justice Stewart wrote in Blackledge v. Allison that plea bargaining “can benefit all concerned”, I think that is only partly correct. Sure it benefits defendants, prosecutors, defense attorneys and judges, but what about the victims or their families. I like what District Attorney Gibbons was trying to do, if it was all or none with no exceptions. The only time that I feel that plea bargains should not be used is in any murder or rape charge.

Plea bargain provides that flexibility necessary to make adjustments and produce substantive justice (Neubauer qtd. in McCoy 325).

Trials can take up weeks to months and with this process it makes the system run more smoothly and efficient. The main purpose of plea bargaining is this idea that the prosecutor may reduce the charge and offer the defendant a lesser offense. Though this appears to be a quick and easy fix, there are many issues with plea bargains. These issues include the encouragement for the

This is the reality of plea bargaining. It is a scare tactic used on the defendants in order for the judges and prosecutors to get the guilty verdict and a sentence that they want. Plea bargaining gives judges the chance to escape trying a lengthy trial. It gives prosecutors certainty of jail time or fines that the state wants. For the defendants, they may get to go home that day with probation and might not be sent to jail or receive a lesser sentence. But these

There are many ways of resolving the criminal cases as defined in the current criminal justice system. One of this ways is through the use of pleas bargain. Plea bargain happens way before the trial and occurs when defendant accepts the wrong doing. He or she can plead guilty of the crimes or changes where they get to accept lenient sentence that can even lead to dismissal of charges (Lippke, 2011). This is however a private process though it is being taken over by advocacy groups.

Unfortunately, there is not an option that accurately expresses my opinion on the subject, but I think that the closest answer is that: Plea bargaining can be used, but it is used too much. The practice of offering a plea bargain to a criminal which will allow the offender to have charges against them dropped and served shorter sentences has been in practice since the 1800’s (N.A., 2017).

A plea bargain (“offer”) is an agreement in a criminal case whereby the prosecuting agency may offer the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a proposal of a lighter than the maximum sentence. This opportunity allows defendants to avoid the risk of a conviction at trial on a more serious charge. This also allows all involved parties to keep the court’s calendars light without exhausting resources of a court, potential public defenders, and prosecutors who are all salaried for by the expense of tax payers. If every case in the criminal justice system went to trial, the courts would be so overloaded that they would effectively be shut down.