Essay about Should Plea Bargaining be Abolished?

It all starts with backed up courtrooms. A man is charged with killing another man. There is no evidence to convict this man of these charges. This leads the prosecutors to work out a plea-bargain. The pressure of other cases and the need for a guilty charge is what leads plea-bargaining to happen more every year. As a result many criminals get off easy and in return prosecutors look good for winning the case.

Without out plea bargaining, courts and jail would be overcrowded, unorganized and forced to shut down. Moreover, people willing to accept their crimes and take punishment are rewarded with lesser sentences, saving everyone’s time, while still serving

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 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

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.

However, plea bargains may not be all that great towards the defendant. A defendant might choose to just plead guilty in order to not go through a lengthy trial process. The defendant may run the risk of pleading guilty to something that he or she may or may have not committed. If the defendant is innocent, they may ruin their record by pleading guilty to something that they did not do. Typically, the public might perceive plea bargains as a form of legal coercion towards the defendant. This may lead some to think that the plea bargain is just the criminal justice system's way of ruining the lives of ordinary citizens because the counselors are literally bypassing the chance for a defendant to defend themselves. If a defendant enters a plea bargain, they surrender their innocence. The courts benefit tremendously from plea bargains, but the defendant is the one who truly has to pay for everything. The defendant might receive a lighter sentence but they are the only receiving

Looking at an prosecutor's point of view; plea bargains are effective. Plea bargains result in convictions, and prosecutors are measured by their conviction rate. Most prosecutors would want to spend a week negotiating a plea for a lesser conviction. Than spend a year to meet a greater conviction. They can still up their conviction rate, and claim to be tough on crime, while doing it in a much more efficient way. Any experienced prosecutor knows how much of a gamble a trial is. Plea agreements are known to be a sure thing.

Innocent people are being accused of crimes and confronted with these plea bargains that only offer two very difficult choices, guilty or innocent. People are then intimidated by the prosecutor’s list of multiple charges and lengthy sentences which creates fear in many individuals, especially those who are ignorant of the law. This fear coerces defendants to plead guilty because they want to get out as quickly as possible and put this behind them. It is this coercion that creates the controversy in plea bargains. These deals were initially meant to speed up the court process while cutting offenders some slack. But they have now turned into a quick method for the prosecutor to secure convictions resulting in the spread of

There are two types of plea bargains : The first one is a charge bargain. When the prosecutor allows a defendant to "plead guilty to a lesser charge”, or to only some of the charges that have been filed against him. For example, a defendant charged with burglary may be offered the opportunity to plead guilty to "attempted burglary". A defendant charged with Drunk Driving and Driving with License Suspended may be offered the opportunity to plead guilty to just the drunk driving

“...plea bargaining can benefit all concerned’ in a criminal case. There are advantages for defendants, prosecutors, defense attorneys, and judges.”2 These advantages include a sure and quick sentencing for the defendant without the massive stress a trial would bring, a quick win for the prosecutor and more time to work on bigger cases, defense attorneys get their fee and are able to devote more resources to bigger cases, and judges are able to let everything go much faster within the court and allow other cases to get their fair and speedy trial. With all that there’s a lot of positive in the plea bargain for those involved, but there's even more when you look into the cost factor that goes into these trials and people working on the case. The plea bargain is suspected to save the states an estimated millions of dollars per year in legal fees and other such costs. Not only that but the plea bargain helps keep cases moving quickly and keeps the system from being bogged down like it is feared would happen if every single case went to trial. Despite all the good that plea bargaining does for our society and our judicial system nothing is without it’s downsides, and the plea bargain is no

Because plea bargains are so controversial, it is no surprise that there are pros and cons of using them. Some of the pros include: allowing both parties to avoid a lengthy criminal trial, or allowing criminal defendants to avoid the risk of conviction at trial on a more serious charge. However, on the contrary, plea bargains often make the defendant feel forced to plead guilty to a lesser charge in order to avoid the risk that he or she may be found guilty at trial. Often times plea bargains lead to poorly operated police investigations and attorneys may not take the proper efforts and time to prepare their cases.

I would like to add to these negatives that defendants who are not actually guilty of the crime, will sometimes take the lighter sentence instead of asserting their constitutional right to a fair trial because they cannot afford top notch legal defense (Levenson, 2013). Some others who are not actually guilty of the crime will accept the plea bargain because they are afraid of being convicted and want to spend the lesser time incarcerated. Lastly, a big negative regarding overcharging and plea bargaining is that once a defendant pleads guilty, they forfeit their opportunity to appeal their case at a later date (Levenson,

The plea bargain is a vital part of the criminal justice system today. Before the 1800s when an offender was caught there would be a trial and verdict. The plea bargain are for defendant 's to plead guilty to a lesser offense or to at least one charge especially if there are multiple indictments. Defendants will plead guilty in hopes of leniency, and at least 90 percent of criminal cases end in a plea bargains. A majority of criminal cases in many jurisdictions will end in a plea bargaining.

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.

By using Sanborns paper as a reference, it shows us that the concept of plea bargaining we use today has only been around for about 50 years. In these past 50 years, although still relatively new, plea bargaining has become such an incremental part in the court system. Within the last few years ir has especially picked up momentum. According to the Bureau of Justice statistics in 2003, scholars have drawn the conclusion that 90-95% of all trials were fixed by the process of plea bargaining (Devers, 2011). At that rate, it is not hard to imagine that eventually almost all of our court procedures will be carried out through this process. To put it into perspective, this means that 5% of all court cases actually go onto trial. Typically, plea bargaining is a relatively private process, but as always this is ever changing. Victims’ rights groups are starting to become recognized more and more, which leads to more input being given in the plea bargain process. How this affects the plea process is simple, more input means less flexible sentencing which can usually stall the negotiating process, prolonging an agreement between the two parties. The theory of plea bargaining is constantly shifting, with many viewers constantly trying to decrease the use of it.