Plea Bargaining Essay

1165 words - 5 pages

Plea Bargaining Paper
Daniel Herrera
CJA/224 Introduction to Criminal Courts
Dr. Beverly Spencer
9/1/2014

Plea Bargaining Paper
Plea bargaining is one of the most important pieces of criminal court proceedings that can occur. Plea bargaining is that chance in which a defendant can choose to not be punished or charged as harshly as they should be. Plea bargaining is a very common thing used within the courthouse and even though it can be good for an individual it can also be bad if not completely understood. The thing with a plea bargain is that at any time a judge can overthrow a bargain and still send the case through strenuous court hours. Plea bargaining is however very important ...view middle of the document...

Each will be described in detail.
Charge bargaining is the most common form of plea bargaining. This happens when a defendant agrees to plead guilty to a lesser charge provided that greater charges will be dismissed (“Plea Bargains: In Depth”, 2014). With a charge bargain an example would be when a drunk driver is driving a vehicle with a suspended license. The lesser charge would be that of drunk driving so the defendant would plead guilty to drunk driving and the portion with a suspended license would be dropped by the prosecution. The second type of plea bargaining is a sentence bargain this occurs when a defendant is told in advance what his sentence will be if he pleads guilty (“How Does Plea Bargaining Work?”, 2011). This type of bargain helps the prosecutor obtain a conviction. A good example would be a defendant facing a serious charge but they are afraid of receiving the max penalty, the prosecution can then offer a lesser sentence for a guilty plea. With everything in the world there are positive and negative aspects to plea bargaining.
There can be many pros and cons when it comes to plea bargaining like everything else in the world. In this portion a few of these pros and cons will be described from both sides. To begin lets cover the positives of plea bargaining. Did you know that ninety percent of all criminal convictions come from negotiating pleas (“Plea Bargaining Pros and Cons”, 2014). Plea bargaining can take away the uncertainty of a criminal trial, and the defendant can avoid maximum sentencing. Plea bargaining can also free up prosecutors to handle more cases, and society benefits as well because court congestion is lessened when these types of deals are made. The negative aspects that can be thought of is first it seems that the defendant is being let go of committing his real crime. Secondly, a judge can argue that plea bargaining led to a poor police investigation. Thirdly, an individual can feel as if their constitutional rights have been violated by their right to a trial by jury being taken away. Finally instead of pursuing justice the parties rely on making deals instead of getting justice (Info, 2008).
Plea bargaining is one of those things that can both reflect and thwart our crime control and due process models. Plea bargaining can reflect our crime control in that it states that everything...

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