Disadvantages Of Plea Bargaining Essay
Advantages and Disadvantages of Plea Bargaining
Plea bargaining is an agreement used in criminal cases to avoid a lengthy trial. Here, the prosecutor and the defendant work together to agree with each other, instead of taking the litigation to a jury. It often includes things like pleaing to a lesser charge and pleaing guilty in exchange for a lighter sentence. It is highly common in the US, where many cases are settled through plea bargains than by trials.
This type of legal agreement enables both parties to avoid a prolonged trial under court and enables the defendant to avoid the risk of a guilty verdict at court, which can lead to a more severe sentence. Plea bargaining has been carried out as an intentional agreement that leaves the defendant and the prosecutor better off, in which the former
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It lets the justice system breathe. If all criminal cases should make it to a trial by jury, then our justice systems would not be able to sustain themselves. Courts will probably be backed up by months or even years.
List of Disadvantages of Plea Bargaining
1. It allows presentation of the accused with unconscionable pressure. In a plea bargaining agreement, the prosecution can present the accused with unconscionable pressure. And even though the process is controlled, there is still a chance of it being coerced.
2. It can lead to poor case preparation and investigations. Some judges and attorneys argue that plea bargaining has led to attorneys not taking the time to properly prepare their cases and poor police investigations. They believe that, rather than pursuing justice, the parties would rely on making a deal, where the details of what happened and their legal consequences will become less important.
3. It might be biased to the prosecution party. Plea bargaining might allow prosecutors to take full advantage of accepting criminal acts in the weakest trials. The more beneficial will be a guilty claim for the prosecution is if the trial ends in
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