Plea Bargaining

Research Paper # 68171

Criminology > Criminal Justice and Corrections
Criminology > Public and Crime
Law

Plea Bargaining

This paper evaluates plea bargaining, which has become pervasive in the U.S. legal system.

3,240 words () | 9 sources | APA | 2006 Pakistan

Paper Summary:

This paper explains that plea bargain is primarily a negotiation between the defendant and his or her attorney on one side and the prosecutor on the other, in which the defendant agrees to plead "guilty" or "no contest" to a crime in return for benefits such as the reduction of the severity or dismissal of the charges. The author points out that plea bargaining has become so pervasive because it is an out of court settlement, which helps reduce the high volume of cases facing the judicial system, provides a win-win scenario for both the prosecutor and the defendant's attorney and obtains the defendant's willingness to testify for the prosecution in other associated cases. The paper relates that the negative side to plea-bargaining includes (1) overcharging the defendant, (2) forcing an innocent person to confess to a crime that he or she has never committed, (3) allowing confirmed convicts to get their punishment reduced or even get out of jail and (4) forfeiting an individual's Constitutional rights, which is a danger to the society as a whole.

Table of Contents
What is Plea Bargaining?
Authorization and Procedure of Plea Bargaining
Rules Regarding the Breach of Plea Agreement
Why is Plea Bargaining so Pervasive in our Society?
Benefits of Plea Bargaining
Disadvantages of Plea Bargaining
Conclusion

From the Paper:

"In most cases, judges do authorize a plea bargain if the defendant makes a knowing and voluntary waiver of his or her right to a trial, the defendant understands the charges, the defendant understands the maximum sentence he or she could receive after pleading guilty, and the defendant makes a voluntary confession, in court, to the alleged crime. Even if a defendant agrees to plead guilty, a judge may decline to accept the guilty plea and plea agreement if the charge or charges have no factual basis. It is also highlighted here that the judge does not play any part in the plea bargain discussions between the defendant's attorney and the prosecutor. Moreover, the prosecutors have discretion whether to offer a plea bargain or not. However, a prosecutor should not discriminate in making or accepting an offer of plea bargain based on an unjustifiable standard such as race, religion, or some other arbitrary classification."