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Plea Bargaining Essay

909 words - 4 pages

Running Head: Plea Bargaining 1

Plea Bargaining

Brandi D. Greenfield

CJA/224

October 22, 2014

Ali Shakoor

Running Head: Plea Bargaining 2

To many there are advantages and disadvantages to plea bargaining. Some may

argue that if you accept a plea bargain you are admitting to the crime that you are being

charged with, even if you are innocent or intend to plead not guilty. There is no true

definition of plea ...view middle of the document...

The defendant benefits from plea bargaining the most because they will get to

avoid the maximum sentence for the crime that they are alleged to have committed, and

also get to avoid a criminal trial where there is a high uncertainty of what they will be

Running Head: Plea Bargaining 3

charged with and the sentence that they will receive. The prosecution also benefits from

plea bargaining cases, it gives them the ability to deal with the busy caseload that they

have on their plate. The court also benefits greatly from a plea bargain, the biggest reason

is because it takes less time to process a plea bargain then it does a complete trial.

Victims may also benefit from plea bargaining because it gives them the satisfaction of

having the case solved quickly; also the victim or victims may not want to testify due to

the fact that they might not speak well in front of others or are afraid to testify in general.

They also might not want to take the chance that the prosecution does not get a

conviction for the crime that was committed against them. Another benefit of plea

bargaining is the cost is much less than that of a full-blown trial. The disadvantages of

plea bargaining are that the defendant might be innocent, but they will agree to a deal of

pleading guilty to a lesser charge to avoid the chance that they might be found guilty of

said offense at a trial. “Additionally, some attorneys and judges argue that plea

bargaining has led to poor police investigations and attorneys who do not take the time to

properly prepare their cases.” ("Law Info", 1995-2014). There is a selection of

attorney’s and judges that think plea bargaining takes away a persons right to a trial by

jury, because they may have either been coerced to accept a plea agreement; this would

then violate their constitutional right to a trial by jury. It is considered constitutional if the

defendant is fully cooperative...

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