The Plea Bargaining System

Paper Summary:

This paper presents a detailed examination of the plea bargaining system in the United States. The writer explores the history of the system and discusses when it may be used. It then discusses the benefits and the negative elements involved in using the plea bargaining system. The paper concludes that while there are pros and cons to the system, the benefits far outweigh the negative elements because of the time and money that the system saves.

Table of Contents:
Introduction
What Is It?
History
Benefits
Negative Elements
The Comparison

From the Paper:

"There are numerous benefits to using the plea bargain system. The first and most important benefit from the standpoint of a prosecutor is the fact that it provides an automatic conviction. The prosecution does not have to worry about whether the evidence will hold up under the scrutiny of the system. They have to wonder if their witnesses will be believable during a traditional trial. In addition the prosecution is always at the mercy of the jury members. Jury members are human and subject to human emotion and error. A prosecutor faced with a trial will always be concerned that the jury will feel sorry for the defendant and even if convinced that the defendant committed the crime will acquit or provide a not guilty verdict."

Sample of Sources Used:

• Sanderfur, Timothy (2003) In defense of plea bargaining: the practice is flawed, but not unconstitutional.(Law) of
• Gorr, Michael (2000) The Morality of Plea Bargaining. Social Theory and Practice
• Carney, David (1999) Waiver of the right to appeal sentencing in plea agreements with the federal government. William and Mary Law Review |

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