Plea bargaining is a process in which the defense and prosecutors consider and agree on a reduced or lesser charge that a defendant will plead guilty to instead of a more serious charge. This process is a collective effort by both the defense and prosecution in which both parties will benefit. Issues have risen questioning if plea bargains should be abolished, who benefits from these plea bargains, and if defendants sacrifice their rights by using plea bargains. In this essay the positive and negative aspects of the topic will be explored as well as the above stated issues that plea bargains face.
The definition of plea bargain, according to Answer.com (2008), describes plea bargains or bargaining as; “To make an agreement in which a defendant pleads guilty to a lesser charge and the prosecutor in return drops more serious charges” (¶1). Plea bargains have three areas of concentration to consider and they are as follows: “Charge Bargaining,” “Sentence Bargaining,” and “Fact Bargaining” (enotes.com, Inc., 2008, ¶3). Each area of concentration focuses on a single aspect of the plea bargaining process. In the first area, charge bargaining, the prosecution and defense attorneys weigh, consider, and agree as to what charges the defendant will face or plead guilty. Next, the sentence bargaining step requires a guilty plea to the lesser charge(s) by the defendant in which a less severe sentence would imposed, as approved by the court. Finally, the fact bargaining area concentrates on admission of or to particular facts so other facts are not brought up within the trial process. Consideration of pros and cons when accepting a plea bargain has been fueling the debates of for and against this issue.
Taking advantage of plea bargains has many positive aspects for all parties involved in the case. Positive effects of accepting a plea bargain that affects the defendant are such things as having charges dropped, “…significantly reduced sentence,” or lower attorney fees (Tapscott, K.R., 2006, ¶4). Effects such as these can allow the defendant to move on with little interference impacting his or her “…job and wages” (Tapscott, K.R., 2006, ¶4).This may result in a sacrifice of rights such as the right to a jury trial, to appeal to a higher court once a verdict is rendered, and or the right to present witnesses, evidence, or other material to prove one’s innocence. When a defendant accepts a plea bargain the defense team has the advantage of less work with the same pay that he or she would have received if the case had gone to trial, prosecutors get the guilty plea that he or she was working to obtain, and the court system can move through cases at a faster pace. These advantages allow the court system to stay ahead of the mounting cases presented, making the trial process faster. Prisons and other incarceration facilities can also see a reduction of criminals being incarcerated, which helps with overcrowding in these facilities.Plea bargains have advantages that affect all players in the criminal justice system but disadvantages are also present in this process.
Critics of the plea bargain will suggest that this process violates the rights of the defendant to due process and lets criminals go with a sentence that is not tough enough in “…exchange for a guilty plea” (Tapscott, K.R., 2006, ¶6). Another consideration that must be made with this process is, while the prosecuting attorney and judge may agree on the terms of the plea bargain the court has to approve the plea before it can be further applied to the case. Defendants must also realize, upon signing a plea bargain and pleading guilty to the lesser charges he or she can not appeal the decision made by the court once the case is finalized.The debate of abolishing plea bargains is another issue that this topic faces. On one side of the debate critics will suggest that plea bargains should be abolished because of the following four reasons:
“Plea bargaining is unfair because defendants forfeit some of their rights, including the right to trial by jury. Plea bargaining allow criminals to defeat justice, thus diminishing the public’s respect for the criminal justice process. The practice of giving criminals who plea bargain lighter sentences results in unjust sentences in which the punishment is too lenient given the severity of the crime. Plea bargaining raises the possibility that innocent people will plead guilty to crimes they didn’t commit” (CliffsNotes.com, 2008, ¶1).
These reasons suggest that defendant’s rights are violated and the criminal justice system is undermined, producing a less than just, justice system. On the other side of this debate of abolishing the plea bargain supporters stress the practical and beneficial applications of the plea bargain. One of the benefits of the plea bargaining process is that the judicial system, which has overwhelming caseloads, is able to clear dockets faster and elevate some of the pressure on overcrowded prisons and jails. Contouring punishments or sentences, resulting in less severe ramifications for the defendant, is another positive aspect of the plea bargain process (CliffNotes.com, 2008). Finally, while time is saved in the courtroom(s), money is also saved by all parties involved in this process; including tax payers.To summarize, the plea bargaining process is a collective effort by the prosecutor(s), defense, defendant, judge, and court. As a benefit for the defendant, he or she pleads guilty to less severe charge(s) and the more severe charge(s) are dismissed. All parties involved in the justice system may benefit from the use of plea bargains. Defendants may sacrifice constitutional rights in this process but the defendant and his or her defense attorney(s) must determine if this is a worthwhile sacrifice. This topic has raised awareness of negative and positive aspects of plea bargaining and the debate for abolishing the plea bargaining process altogether.
Reference:
Answers.com (2008) Dictionary: plea-bargain. Retrieved October 29, 2008 from, web site: http://www.answers.com/topic/plea-bargainAssociated Content (2006) Plea Bargaining in the Criminal Justice System: Who is Really Benefiting? Retrieved October 29, 2008 from, web site: http://www.associatedcontent.com/article/31672/plea_bargaining_in_the_criminal_justice.htmlenotes.com, Inc. (2008) Plea Bargaining: Background. Retrieved October 29, 2008 from, web site: http://www.enotes.com/everyday-law-encyclopedia/plea-bargainingTapscott, K.R. (2006) Plea Bargaining Pros And Cons. Retrieved October 29, 2008 from, web site: http://www.articlecity.com/articles/legal/article_719.shtmlCliffsNotes.com (2008) Should Plea Bargaining Be Abolished? Retrieved October 29, 2008 from, web site: http://www.cliffsnotes.com/WileyCDA/CliffsReviewTopic/Should-Plea-Bargaining-Be-Abolished.topicArticleId-10065,articleId-10007.html
