Arguments Against Plea Bargaining Arguments

Great Essays
Criminal prosecutions in the United States do not tend to end with jury trials, but with plea bargains instead. These plea bargains occur between the defendant and prosecutors for the defendant to plead guilty to charges filed against them. (Cornell University Law School) If the defendant agrees, the prosecutor tends to reduce the severity of the punishment, or lessen the sentence of the charge. However, it is natural for a prosecutor and defendant to enlist the help of the judge in the plea bargain. In most cases, limited power is given to the judge during the time of the bargain. (Cornell University Law School)
Today, plea bargaining is a controversial topic in the criminal justice system. In some cases, bystanders believe bargaining is
…show more content…
Arguments against plea bargaining include the suspect getting off too easy, the family or victim not getting closure, innocent people take plea bargains, and it makes the criminal justice system seem too lenient. (Cook, 2011) Included in the argument is the overflow of the prisons resulting from plea bargaining. Those for the option of plea bargaining tend to suggest bargaining it keeps innocent people from spending life in prison, it helps cases go through the court system faster and at times, it provides a guilty plea, which the police may not have been able to get. (Cook, 2011) This argument is becoming controversial at an exceeding rate, especially to those involved with plea bargaining. It is considered by eliminating plea bargaining, there would be an excess of room in the …show more content…
The long-lasting effects caused by plea bargaining are things gone unnoticed and don’t get talked about. On one side, there is the possibility that plea bargaining is putting away a guilty man, but at the same time, there is the possibility of the same man being innocent. It can be believed that plea bargaining is wrong and should not be used in the criminal justice system. However, most prosecuting lawyers and supporters of plea bargaining observe it as completing the trial without a trial. Most cases have a lack of evidence, but that goes unnoticed in many of the plea-bargaining cases. Plea bargaining is prevalent today and always will be. It is up to society to change the idea of plea bargaining and what it stands for. Changes that could be made to help improve the concept of plea bargaining is setting limitations, putting a number as max capacity for prisons, not offering bargains to every suspect, and making prosecutors justify their actions when it comes to handing out plea

Related Documents

  • Improved Essays

    Defense counsels started to feel that defendants will not be able to pay for the time involved to go to trial, but the prosecutors feel even though they work harder at a trial they are not having to decide on a sentence in a plea bargain. The judges now have the burden to determine and announce all sentences to defendants. The ban on plea bargaining did not affect the sentences of violent crime charges, but it did drastically change the sentences of Felony 3 guilty outcomes. The defendants convicted of burglary, larceny and destruction of property found themselves receiving longer sentences.…

    • 898 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Plea-bargaining is an important process in the criminal justice system and are used to prevent lengthy trials. It is defined as “the process of negotiating a guilty plea involving either charge bargaining, where the prosecutor will offer to reduce the severity of the charges or the number of counts in exchange for a guilty plea, or sentence bargaining, where the prosecutor will agree to recommend leniency at the sentencing stage” (Hemmens, Brody, & Spohn, 2013). However, there are both pros and cons with plea-bargaining. One reason why plea-bargaining is an advantage to the court system is because it helps to relieve caseloads since the prosecutor’s workload decreases when a defendant takes the bargain. Also, when a defendant goes this route,…

    • 421 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    The individuals falsely accused in the article may have been victims of the Assembly-Line Justice Court Model. It is discussed that this type of court is unfair with little concern for efficiency or processes. This model also suggests that plea bargains are frequent because parties wish to make a quick decision. Milton Lantigua was offered a plea bargain but denied it because of his innocence. He was then sentenced to 20 years in prison for a crime he did not commit.…

    • 597 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    R Vs Nixon Essay

    • 1091 Words
    • 5 Pages

    On one hand, the plea agreement should be revoked before it was allowing a woman who willingly got behind the wheel intoxicated and killed two people to get off on an atrociously light sentence leading to the administration of justice being brought into disrepute. However, once the Crown has given a plea sentence, it seems unfair to simply take it back. The Crown had already received approval for the bargain and informed the defence and the accused of the bargain they were to receive. Plea bargains in themselves are an issue, Flynn states that there is a link between public confidence and transparency in plea bargaining. Furthermore, it was found that plea agreements are generally frowned upon by the public because it appears to benefit the offender at the expense of the victim (Flynn, 133).…

    • 1091 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    According to the Innocence Project Organization more than 20,000 innocent people are currently serving time in prison. The Billy Glaze and Andre Hatchett cases are two of thousands in which one can lead one to see the faults in the United States court system. By analyzing the case details, what happened during the investigation, and what stood out during the trial and investigation of both cases, one can conclude that our criminal justice system truly is flawed. Billy Glaze is a man who even lost his life in prison. Andre Hatchett was able to be freed but not until he already served 25 years in prison.…

    • 1383 Words
    • 6 Pages
    Improved Essays
  • Great Essays

    In this research paper, an overview of what plea bargaining is, its incentives, and its disadvantages will be discussed in order to show that the disadvantages outweigh the advantages, as well as…

    • 1441 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    Plea bargaining most often takes place before the beginning of a trial. It is the process by which the defendant and the prosecution work out a conclusion to the case, subject to court approval. For the prosecutor, the purpose of plea bargaining is to ensure a defendant gets punishment. For the defense, it is a way to get a lesser charge than if the case were to go to…

    • 606 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    Plea Bargain Advantages

    • 2557 Words
    • 11 Pages

    Additionally, when a defendant agrees to plead guilty, they are waiving their rights to a trial and their rights for the evidence to be…

    • 2557 Words
    • 11 Pages
    Great Essays
  • Improved Essays

    The use of coercion in plea bargains is constitutional according to the Supreme Court. Since plea-bargains for drug courts involve a greater need of coercion than normal court process due to the limited options available, it is considered a leveraging power to help drug users take advantage of the necessary treatment provided. However, the excessive use of coercion has led to many drug offenders entering treatment that are considered understaffed and over capacity (Parsons & Wei, 2015). The excessive use of coercion has also forced a drug courts to choice in behalf of the defendant, since the alternative is facing a jail sentence. Despite the concerns addressed, the courts when challenged of this claim find under the drug court setting that…

    • 1032 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    In chapter 10 of Examining Wrongful Convictions: Stepping Back, Moving Forward our authors Take a look into our plea-bargaining systems role into wrongful convictions. According to our authors plea- bargaining dispose of roughly 95 % of adjudicated criminal cases (Maguire, Tbls. 5.24.2008, 5.46.2006). Over my years of taking criminal justice course I have learned to so many innocent people actually plead guilty to crimes they did not commit. DNA evidence which lead to an exoneration is evidence of just that. Wrongful convictions produce out of our Plea Bargaining are much less likely to result in an exoneration due to the defendants own admittance.…

    • 751 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The judge has the power to accept or deny the plea deal, and part of this process is to deny sentences that stray too far from the Sentencing Guidelines. Kosman writes that it is even encouraged for the prosecutor, defendant, and judge to agree to a plea sentence “explicitly calculated according to guidelines” (Kosman 806). Federal district courts that have denied these motions for sentence modifications, and federal circuit appellate courts that have upheld such rulings based on assumptions of the plea sentence and the per se rule have clearly demonstrated the overall trouble plea bargains have caused defendants. While plea bargains have clearly not been the best deal for defendants who are often first-time offenders, such a high rate of cases ending in plea bargains demonstrates the ubiquity and power of the practice in the American criminal system. This facet, combined with the disparity in crack cocaine sentencing has produced even more unjust outcomes for defendants who were offered sentence reductions by the Sentencing Commission, and reflects the harsh reality of plea bargains in the American criminal…

    • 1225 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Nils Christie wrote “Conflicts as Property” arguing the importance of conflicts in society and how they have become property that can be used and stolen. In this critical summary I will summarize and then critically analyze his work to determine if I agree with his argument. Christie opens the paper by arguing the importance of conflicts in our society and that “they ought to be used, and become useful, for those originally involved in the conflict.” He continues by describing how conflicts are taken from the victim, who “is so thoroughly represented that she or he of most of the proceedings is pushed completely out of the arena, reduced to the triggerer-off of the whole thing.” The author also denounces courts and lawyers that, he believes, are trained to steal, prevent, and solve conflicts.…

    • 709 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Around 95 percent of cases are plea bargained. Without plea bargaining, the court system would be drowning in cases and the right to a speedy trial under the 6th amendment would be virtually impossible. The court system in the United States is already overloaded with cases waiting to be heard, and the added cases resulting in the elimination of plea bargaining would be catastrophic for the criminal justice system. What plea bargaining does is allow the prosecutor to offer a lesser charge and, in turn, the defendant waives their right to a trial. It allows the court system to move along faster and deal with the offenders who commit more serious, heinous crimes.…

    • 653 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    These cases show that confessions are not always prompted by internal knowledge or actual guilt, but are sometimes motivated by external influences. If they argue the money = innocence standpoint, use “bad lawyering” instead. The resources of the justice system are often stacked against poor defendants. Matters only become worse when a person is represented by an ineffective, incompetent or overburdened defense lawyer.…

    • 471 Words
    • 2 Pages
    Improved Essays
  • Superior Essays

    The District Attorney has discretionary power to decide the disposition of cases. One of the primary ways that the District Attorney uses its’ discretion is in how he processes plea-bargaining. The District Attorney may reduce a defendants’ exposure to a crime if he provides some pieces of information that he needs to prosecute a bigger player in the narcotics trade. It has been said that the administration of justice is a selective process in which only those cases that will not overload the system will ultimately be prosecuted (Cole, 1970)…

    • 1475 Words
    • 6 Pages
    Superior Essays