Plea Bargaining Case Analysis

Decent Essays
Based on my opinion, plea bargaining should continue to be a part of our judicial system and each case should be tried on its own merits. We have some advantages and disadvantages to our justice system. Plea bargaining does serve a purpose in our criminal justice system. It saves the state resources and distributes benefits to one who takes on the responsibility for their crime." Approximately 95% of all criminal cases are resolved through plea bargaining" (Bohm & Haley, 2014, p.13). Many people have been found guilty of crimes they didn’t commit, but because of circumstances in their lives such as jobs and families, they will usually plea bargain. Our justice system is not a perfect one, but it is put in place to protect our citizens.

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

    Many take the plea to get lower sentences. The defendants may have to live in prison and suffer from the label of felon. With the overwhelming caseloads, public defender do not have time to work thoroughly on the cases (Siegel, Schmalleger, and Worrall, 2017, p. 243). Public defenders should get more support staff to help in preparation of cases even though…

    • 213 Words
    • 1 Pages
    Improved Essays
  • Great Essays

    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…

    • 1441 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    Plea bargaining has many benefits which is why it is so common in the United States criminal justice…

    • 653 Words
    • 3 Pages
    Improved 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

    A plea bargain is when the defendant in a criminal trial agrees to plead guilty in the exchange of a lesser sentence or to have other charges dropped. In theory, a plea bargain is a way to speed up the courtroom process. When applied correctly plea bargains are excellent tools within the criminal justice system. Incorrectly used judgment is cast down from those outside of the criminal justice system.…

    • 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

    This is why plea bargains are a good thing and should be kept in the criminal justice system. While they are not…

    • 653 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    Evidence Interpretation

    • 1578 Words
    • 7 Pages

    With lacking evidence, detectives and prosecutors choose the most likely suspect, however; this is not always liable as from time to time, the individual in question is not guilty. There have been cases over the years where innocent defendants are coerced into confession during questioning; confession evidence can be quite compelling in front of the judge and jury (Braithwaite, 2012). Furthermore, individuals who are innocent and being prosecuted for a crime can be convinced that there is enough substantial evidence to prove their guilt, even when there is little to no substantial evidence in the case to start with. They are pushed to believe they would not make it through trial and receive an innocent verdict, often times causing blameless persons to accept a plea-bargain (Gilchrist, 2011). Unfortunately, there is substantial evidence proving that more guiltless individuals are imprisoned due to accepting a plea bargain than taking the case to trail and demanding their innocence (Gilchrist,…

    • 1578 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    When less severe crimes receive the same or similarly harsh punishments as more serious or felonious crimes it creates an inequality within the courtroom. Removing plea bargaining would show results similar to the case from 1975 in Alaska where the Attorney General forbade prosecutors from plea bargaining with offenders. The results from this occurrence showed that the punishments for violent and felonious crimes did not change, but the punishments for less serious offenses and misdemeanors where dramatically increased (Rubinstein & White, 1978). The inequality created from the removal of plea bargaining would have drastic effects on the criminal justice system where the punishment for less serious crimes would be severely punishable but would have little to no effect on felonies and crimes of a violent nature. In the case from Alaska the primary objective was to hinder plea bargaining for the more serious offenders yet the outcome would eliminate the discretionary decision making of the courts and would lead to first time offenders of smaller crimes receiving unequal punishments for their crimes and reduced probability for parole (Rubinstein & White, 1978).…

    • 1307 Words
    • 5 Pages
    Improved Essays
  • Decent Essays

    The court system has its flaws also regarding how even not guilty people who are arrested confess the guilt because of PLEA bargaining system.…

    • 362 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Bargaining Case Summary

    • 450 Words
    • 2 Pages

    The textbook states that a bargaining unit should consist of employees that “share a community of interest regarding working conditions” (Cihon & Castagnera, 2014, p. 400) and that it can’t include professional and non-professional employees (Cihon & Castagnera, 2014, p. 401) which might be the case here because there are technical workers whose roles could be considered professiona . I’m going to assume that the clerical and technical employees share the same common interests on working conditions as the production employees and that the technical employees are not considered professional roles. Otherwise, I don’t think they can join that union (unless I misunderstood the textbook). In that case, the demand can be disregarded. Going on the assumption they can join that union, considering the employer received feedback from employees that they didn’t want to join it, I would proceed with an election via secret ballot.…

    • 450 Words
    • 2 Pages
    Improved Essays