“Plea Bargaining Paper”
Presented to Ms. Samyra Hicks
In partial fulfillment of CJS/251
Introduction to Criminal Court Systems
November 10, 2015
In this paper, I will attempt to define and discuss plea bargaining, distinguish between charge bargaining and sentence bargaining, compare and contrast the advantages and disadvantages of plea bargaining, and last but not least describe how plea bargaining reflects or thwarts the crime control and due process models of criminal justice.
Define plea bargaining
A plea bargain is defined as any form of agreement in a criminal case that is between the prosecutor and defendant and the defendant agrees to plead guilty to a ...view middle of the document...
Charge bargaining is a part of plea bargaining where prosecutors agree to dismiss some charges or reduce a charge to a less serious offense in exchange to the defendant agreeing to a plea deal. An example of charge bargaining is: the prosecution charges Billy with assault and battery, but he pleads guilty to a simpler charge of simple assault and trespassing and the prosecution dismisses the assault and battery. An example of sentence bargaining would be Kenneth agrees to plead to a misdemeanor charge of simple battery, and the prosecution agrees to recommend that the judge not sentence him to jail time but places him on probation instead.
Compare and contrast the advantages and disadvantages of plea bargaining
Plea bargaining assists the court and state to manage the caseloads. It reduces the work load of the prosecutors allowing the prosecutors to prepare for tougher cases by leaving the effortless and small offenses to be settled by accepting a plea bargain. It is also an element in reforming the offender by having them being held liable for their actions and by submitting them voluntarily before law, without having a costly trial that can take up a lot of time. If there is not a strong prosecution or if the trial is settled, for the need of proper witnesses or evidences and the end result may be a dismissal, the prosecution will have a shot at proving the defendant is guilty by collaborating with the defendant for a plea bargaining. There are three main categories that support plea bargaining. First, some jurist believes that it is suitable to award the defendants that admits that they are guilty.
Plea bargaining can become a problem for several reasons. The biggest problem at hand is that the prosecutor has the authority to question the defendant with applied pressure. Even though, procedure pleas are voluntary, there are strong chances of being forced. The prosecution has the right to increase the advantage of pleading guilty in some of the weakest cases. The more likely a case is dismissed at trial, the more appealing a guilty plea becomes to the...