Significance of the Plea Bargain
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R’real Powell
Justice Studies 104
Oct. 29th, 2017
Chris Loeffler
Significance of the Plea Bargain
A plea is a admission to the court from the defendant pleading guilty to something for a lesser charger or lesser sentence. The plea bargain process is between the prosecutor and the defendant. The judge has little intervention with the process he or she just has to approve of what the prosecutor is offering the defendant. Many cases in court are solved with both sides coming to an mutual agreement. There are several pros and cons to the plea bargain being argued today. It is even arousing the question if it really serves justice to the defendant. The plea bargain in most jurisdictions resolves most of the criminal court cases.
Furthermore the plea bargain is predominant in the courts for several reasons. One reason is because defendants definitely avoid the cost of defending themselves at trail, minimizes time, and jury opinion. Another reason is the fact saves time from a length trail and can still get a guilty plea from the defendant. Lastly, the court doesn’t have to take every crime charged to trail.
Apparently according to American bar, “ Plea bargaining is essentially a private process, but this is changing now that victims rights groups are becoming recognized”. This is now becoming an issue because how are the victims able to have a say in the defendants case and charges. The plea bargain is a process where many errors can be made.
The plea bargain serves many pros and cons when brought up in a courtroom setting. There are many things for the defendant to risk at trail so the plea deal helps save the incriminated person from evidence found against him or her. Another pro is the fact you plead guilty and get a release date. As for the prosecution,
“From the prosecutor’s point of view, a settled case will clear the trial calendar, leaving room for other cases”. “ It also removes the risk that the defense will convince the jury to acquit or hang”. Portman, A. J. (n.d.). Plea Bargaining Pros and Cons.
The plea bargain is a win win situation in most cases but not all the time this leads to the negative affects. A defendant has to plead guilty and admit to being guilty. The defendant then loses the ability to convince the trier of fact rather its judge or jury from the lack of guilt. The prosecutors lose too when they bargain because the victims and public might not agree with the verdict. And even sometimes the judge might give a more lenient punishment than what the prosecution wanted. Not every case is solved with a plea bargain deal.
Does the plea bargain actually serve true justice to the defendant ? In the United States the courts have been implementing plea bargaining in the country for several hundreds of years. Over the years issues have arose about the process especially for the criminally accused. One problem is the rights the defendant no longer has after they agree to