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Pros And Cons Of Plea Bargaining

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Plea Bargaining is the most effective tool of prosecutors to minimize the time required to obtain convictions. Around ninety percent of cases are concluded using plea bargaining. (Barkan and Bryjack, Page 2) This process moves cases through the system quickly and prevents the need to add more judges and court systems if these cases were to go to trial. (Barkan and Bryjack, Page 249) From the judge and prosecutors point of view, this is a necessary and effective method of managing caseloads. Opponents to the high use of this procedure cite the issue that it removes the public and the jury from the justice system, it is based on coercion, and it understates true crime statistics when criminals plead guilty to lesser crimes. Additionally, innocent people may plead guilty from fear they will be convicted by a jury and face a long jail sentence. (Barkan and Bryjack, Page 250-252) …show more content…

The perception is that criminals receive less punishment than they deserve in order to facility the process. However, other individuals will accept a more significant plea when they feel overwhelmed by the system and fear incarceration from a jury trial. Those accused of crimes who have limited resources, a questionable past, or a history of criminal behavior will see the plea bargain as the less of two evils. (Rakoff) Many victims often feel cheated by the system and victimized again. This can lead to a desire for vengeance rather than justice. (Rosenbaum, Page 266) A real life example was when the father of an abused child, chose to shoot and kill the perpetrator as he was being returned for justice. (Rosenbaum, Page 267) Victims may be unhappy with the punishment prescribed by law and reducing that punishment to a lesser charge can be infuriating. Victims may have no knowledge of the law, the strength of the case, and may allow rage and vindictiveness/revenge override common

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