Ethical Issues that Surround Plea Bargains
Introduction
When our founding fathers included the sixth amendment into the Bill of Rights, never had they imagined a large number of defendants surrendering those rights of a fair trial for a non-trial procedure on the basis of minimizing punishment. Today, plea bringing has become the essence of the criminal justice system. As a result, it has transformed the judicial structure into a system of pleas rather than a system of trials.
While many will argue that plea bargain are necessary, it cannot be disregarded that they stand on unethical grounds. 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 …show more content…
Prosecutors may also use plea bargains to further their case against a co-defendant. For example, a plea bargain for a lesser sentence may be offered to one defendant, in return for damaging testimony that will enhance the chances of winning a conviction against a co-defendant.
The key incentive for a defendant is that plea bargains provide the opportunity for a lighter sentence for a minor charge than they would have received had they gone to trial and lost. Saving money is another incentive for defendants. At times, cases that go to trial are lengthy and if a defendant has a private attorney this can be costly. Another incentive would be that plea bargains provide a faster resolution and cause less stress than if the case had gone to trial.
Overall, it may seem that plea bargains offer various benefits to the criminal justice system as whole and to the defendant. Therefore, a person viewing these factors may state that the usage of plea bargains leaves all parties better off; however, how better off are the parties
Introduction
When our founding fathers included the sixth amendment into the Bill of Rights, never had they imagined a large number of defendants surrendering those rights of a fair trial for a non-trial procedure on the basis of minimizing punishment. Today, plea bringing has become the essence of the criminal justice system. As a result, it has transformed the judicial structure into a system of pleas rather than a system of trials.
While many will argue that plea bargain are necessary, it cannot be disregarded that they stand on unethical grounds. 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 …show more content…
Prosecutors may also use plea bargains to further their case against a co-defendant. For example, a plea bargain for a lesser sentence may be offered to one defendant, in return for damaging testimony that will enhance the chances of winning a conviction against a co-defendant.
The key incentive for a defendant is that plea bargains provide the opportunity for a lighter sentence for a minor charge than they would have received had they gone to trial and lost. Saving money is another incentive for defendants. At times, cases that go to trial are lengthy and if a defendant has a private attorney this can be costly. Another incentive would be that plea bargains provide a faster resolution and cause less stress than if the case had gone to trial.
Overall, it may seem that plea bargains offer various benefits to the criminal justice system as whole and to the defendant. Therefore, a person viewing these factors may state that the usage of plea bargains leaves all parties better off; however, how better off are the parties