The Pros And Cons Of Plea Bargaining

If you could take a deal that would swap your prison sentence from 20 to 16 years even if you were guilty would you? What if you and the defense lawyer didn’t know what the evidence was yet. What if the prosecutor said you can either take the deal or you can go away for as long as i can get? These occur in the plea bargaining system. Plea bargaining is an unethical practice because it can force innocent men to plead guilty, defense lawyers often can't see the evidence in time to advise their client, and it lets criminals get away with a lighter sentence than they should.

With millions of criminal convictions a year, more than two million people may end up behind bars(Gross). According to Samuel Gross reporter for The Washington Post, writes that also “even one percent amounts to tens of thousands of tragic [wrongful conviction] errors”(Gross). Citizens who are wrongfully convicted are incarcerated for a crime he or she did not commit. Many police officers, prosecutors, and judges are responsible for the verdict that puts innocents into prison. To be able to get exonerated many wait over a decade just to get there case looked at, not many are able to have the opportunity of getting out. People plead guilty for crimes that are not committed by them to avoid trial, but by doing so the right decision wasn’t made.

Since the courts are backlogged and many public defenders and judges being overworked, this causes plea bargaining to be used repeatedly. According to Walker et al. (2018), plea bargaining leaves many people no option but to plea guilty even when this is not their best option. This is due to a multitude of reasons but mainly to receive a lesser charge. For example, a felony and little time in jail may be better than risking multiple felonies and an excessive amount of time in jail. Therefore, making plea bargains necessary for the courts although more minorities use these plea bargains, which could potentially explain why so many minorities are over represented in the correctional system (Walker, Spohn, & DeLone,

Sentencing methods and rationales are continually highly contested in the Criminal Justice system. Monetary penalties are particularly pivotal in these debates. According to Walsh, research from all corners of the world continually demonstrates that the poorest in society are more likely to be subject to the Criminal Justice System. This evidence Walsh argues, ‘cannot be ignored’, when considering which sentencing options should be used. The fine is the most commonly used penal sanction in most Western Penal systems. Fines are a historic type of monetary penalty which have remained incredibly popular. Outside of the United States, fines make up about 70 % of all punishments in the lower courts. The fine can be seen as a modest penalty, and appropriate, in my opinion, only if the offence was minor. Bentham sees monetary penalties as ‘ideal’. This I argue is incorrect. Monetary penalties have so many disadvantages that they should not be used to a greater extent in the criminal justice system. Thus some have gone as far to argue that they should be completely abolished. However Burch has said that this would not be possible so reform should be favoured instead. I will argue that updating their current use is essential in order to make the current system of fines more effective and more restricted. I will continue to discuss why fines are not effective, from their rational, to their effect on the offender to the way that they are set in practice. I will conclude

Plea- bargaining is something that is happening in our court systems every day. Plea-bargaining is a choice that defendants are making when they don’t have many options. Can plea- bargains change your life? What effects will it have if you decide to do a plea? Well, plea bargains are not for everyone.

Plea bargains are negotiations between the prosecutor and the criminal defendant. In this negotiation, the criminal defendant consents to pleading guilty. When the criminal defendant takes the guilty plea, he or she is able receive reductions in their charges or sentences. There are pros and cons of plea bargains, but these bargains can be doing more harm than good. Plea bargaining is a simple process but can have long term repercussions. Criminal defendants should not be allowed bargain for a reduced sentence in exchange for a guilty plea because some defense lawyers may not represent the best interest of the client, it does not allow the criminal defendant to take full responsibility for their actions, and the victim and the family will not feel as justice was served if a violent crime had occurred.

A plea bargain is an agreement between the prosecutor and the defendant in a criminal case. The prosecutor gives the defendant the opportunity to plead guilty to a lesser charge or to the original charge with less than the maximum sentence. For example, the prosecution and the defense may agree to a misdemeanor charge instead of a felony charge or the parties may agree to a sentence of 12 years instead of 20 years if the recommended sentence for that crime is 10-20 years imprisonment.

When the jury trial process is replaced with plea negotiations, we lose trust and reliability in the system. When we give efficiency that the plea bargain has provided power, it comes at a substantial cost. People who are indeed innocent of the crimes they were convicted have now been influenced into pleading guilty for the sake of efficiency. Not to mention the collateral consequences that accompany a person when they plead out. It also undermines the reliability of convictions in general (Gilchrist, 2011). Although she was innocent of the charges brought against her, Stewart took the plea. However, her choice had dire consequences, three years after, she is left destitute, ineligible for food stamps and government grants, unable to vote for

The role of the criminal prosecutor is to prove that that defendant is truly guilty. It is there job to look at all the evidence that is available and use that evidence to show why it is true that that person committed the crime so that they are prosecuted the way that they need to be. The job of the criminal defense attorney is to look at all the evidence that the prosecutor is bringing forth and to show why that evidence is not reliable or does not have any proof that it is linked to the person being accused of the crimes. It is their job to try to keep the accused person from being sentenced. The judicial officer is the person wills all the power to decide what happens to the person being accused. They are the ones that the information

There are cases stacked upon cases that must be attended to daily, while at the same time, crimes are being committed. The court system has trouble keeping up, and in order to cease long, drawn out trials, plea bargaining has been allowed in the criminal justice system. This is useful for both criminally charge individuals along with the courts themselves for several reasons. Most people know the case going on with Jared Fogle, the former representor of Subway. In 2015, Fogle decided to plead guilty to child pornography charges along with crossing state lines to exchange money for sex with a minor (Castillo, 2015). Based on this plea deal, Fogle will likely serve somewhere between five and twelve years in prison, pending approval from the court system. This plea deal also states that the government will recommend fewer than thirteen years in the prison system for the defendant, with Fogle paying a minimum of $100,000 for each victim involved in the case. Plea bargaining is extremely helpful for this case. For one thing, defendants that use plea bargaining can evade the expenses and the time of defending himself or herself at a trail, as well as get around risking a worse sentence and the bad exposure that could cause. In addition, the prosecution also saves time and money by avoiding a long, drawn out trial, and both of the sides do not have to stress about going to the trail. It does not matter which side instigates the plea bargain, whether it be the prosecutor or the defendant, but both sides to have to completely agree with each other before something occurs out of that plea bargain. Because of the circumstances, I believe that justice was served. The victims will be compensated for counseling based on what Fogle did, and Fogle will serve his

“There are three times as many mentally ill in U.S. prisons as in the country 's mental health hospitals, suffering from schizophrenia, bipolar disorder and major depression, among other illnesses,” (Fellner, 2004). This statistic is heart shattering, when knowing so many helpless individuals are not getting assistance with their medical complications. Inexperienced staff, unsatisfactory specialized facilities, and limited programs leave prisoners without the treatment they need. This is why mentally ill individuals need treatment. When a mentally ill person is sentenced without the insanity plea, he or she is not getting the medical attention needed. If the jurors do believe the defendant is insane, the defendant is then treated until

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

Discretion has a fairly effective role within the justice system, specifically when looking at the sentencing and punishment of offenders. Discretion can have a distinct effect on the outcome of a case. The role of decision making through an individual may provide for a different insight into different cases which therefore means that no two verdicts are reached in the same way. The role of discretion when looking at charge negotiation (or plea bargaining) is to decide whether or not the accused may be granted a 'lesser ' punishment in exchange, they plead guilty. from prosecutors. This is a highly controversial topic within the criminal trial system as it begs the question, does resource efficiency outweigh the actions? In keeping with the

Here is the first problem that needs to be addressed, the Sixth Amendment, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial…” only thing fast are plea bargains, but they are surely not fair. The problem is we need plea bargains, because if not then we be having court cases running 24/7, and one judge would be hearing 100 cases a day. This is why plea bargains account for roughly 90% of all criminal cases. Here are three reasons why plea bargains are supposed to be in

Plea bargaining is the process by which the prosecution and defense reach an agreement resulting in a guilty plea from the defendant that results in a reduced charge, reduced sentence, or some other concession favorable to the defendant is the definition from chapter twelve “Plea Bargaining and Guilty Pleas” of the book Courts of Criminal Justice in America (Siegel). In criminal cases, this is an agreement to avoid the trial to be long; instead of taking the lawsuit to a jury, the prosecutor and the defendant work together to find something in which they can agree. It usually includes pleading for a smaller charge and pleading guilty in return for a lesser sentence. Most cases in the United States are settled through plea bargain rather than