CJA/224-Introduction to Criminal Court Systems
October 22, 1013
Plea Bargaining is a process in which the prosecutor and the defendant via the defense attorney comes to an agreement during a multi-charge case for the defendant to bargain with the prosecutor after being informed by his or her defense attorney of the consequences of one or more charges for a lesser sentence rather than going to trial and possibly receive the max sentence he or she are facing (Siegel, Schmalleger, & Worral, 2011).
This is normally used when a defendant and his or her defense attorney knows there is no way for the defendant to get off ...view middle of the document...
This is most productive when the defense attorney brings the options to the defendant and the defense attorney. The defendant comes to an agreement and then the defense attorney communicates to the prosecutor and an agreement is made.
Advantages of Plea Bargaining
There are more than one way to assist the defendant(s) when facing a capital punishment crime and another way is plea bargaining. The advantage of plea bargaining is it allows the prosecutor to save time and money by offering a defendant a plea bargain. This tool the court uses also saves the jury the responsibility of determining whether or not the defendant is guilty as well as saving the judge from having to carry one man’s fate into his or her hands. This also lightens the load for the prosecutor to prosecute more serious cases and at the same time allows for the defense attorney to prepare him or herself for more serious cases they have to defend. As for the victims, this adds a speedily closure to their pain or suffering (Siegel, Schmalleger, & Worral, 2011).
Disadvantages of Plea Bargaining
Just like everything else there is always a con to every pro. The disadvantages of plea bargaining remove the chances of the defendant getting an acquittal of the charges if he or she believes they are being framed but was coerced into taking a plea bargain. When the defendant accepted the plea bargain, he or she also relinquished their right for a trial by jury. As for the prosecutor plea bargaining takes away from their chance of securing another conviction if they believe they had enough evidence to do so. Plea bargaining also can be misleading to the defendant by having him or her think they can get worse if his or her case goes to trial when, in fact, he or she could be acquitted (Siegel, Schmalleger, & Worral, 2011).
The Effects of Plea Bargaining
Some critics believe plea bargaining undermines the integrity of the criminal system. One of the reason critics believe it undermines the integrity of the criminal system because it eliminates the defendant’s rights of due process (Siegel, Schmalleger, & Worral, 2011). Another reason is it imposes the plea of guilty on the defendant without the trial procedure when, in fact, the jury may find the evidence is not enough for a guilty plea. Other critics say this allows the criminals to get a lesser punishment than they deserve for the crime they committed and at the same time reduce the...