Pros And Cons Of Plea Bargaining

Plea Bargaining

Plea bargaining is the negotiations between prosecutors and defense lawyers on how to resolve criminal charges (Fagin pg.177). The defendant carries the guilty plea in return for a reduction sentence or dismissal of some charges. Estimates state that 97% of federal cases have used this method without ever going to trial (Fagin pg.177). Once all sides agree, the actual sentencing is completely up to the judge, not the lawyers. The judge is not bound to follow the prosecution’s recommendation. There are generally three types of plea bargains used in the justice system. Charge bargaining, the most common form of plea bargaining, sentence bargaining and fact bargaining (Plea Bargains: In Depth,2017). Plea bargaining can have its

If there wasn't any plea bargaining, courts would be overcrowded and forced to be shut down. It is an advantage for the defense since it will be less work required on their part (Tapscott, 2017). Because plea bargains are much quicker and require less work, it keeps the cases moving and courtrooms unclogged. This works for both prosecutor and defendant since the case would close quickly allowing them to move on to bigger, serious cases. The benefit of agreeing to a plea bargain is that it de clogs the courts and the overcrowded jails.

Another plea bargaining advantage is that it helps prosecutors deal with caseloads. The plea bargains can help the court and state manage the caseloads. Fewer trials means that the prosecutors can more effectively prosecute the most serious cases (Tapscott, 2017). Once a plea bargain is in place, the defendants save time and money by not having to defend themselves at trial. They avoid long sentencing by offering specific information or even pleading guilty. A third advantage of plea bargain is that it prevents the case from getting worse. If

Pleading guilty even when innocent has been done in fear that one can be found guilty by a jury in trial. This crime is then added to your criminal record, which can not be erased. It can affect where you work or even live and your right to vote is taken. Once you are a convicted felon, it is harder to find a job. Also once they agree to plea guilty, there will not be an opportunity for an appeal later on in the future. A second disadvantage is that some may say that plea bargaining is unconstitutional since every American citizen has the right to trial by jury (Tapscott, 2017). According to those who oppose plea bargains, there is nothing free or fair about the choice that the plea bargains present (Klau,2013). Adding that defendants are asked to make the choice under pressure because of the possible charges and prison time they face if they don’t accept the plea bargain(Klau,2013). With this in mind, plea bargain can result into unjust sentencing for the