Similar to the case of Brian Banks, many innocent people feel compelled to accept a plea bargain rather than try to maintain their innocence. As stated in the textbook, plea bargaining is neither based on constitutional basis or statuary basis; however, it is typically mutually beneficial to the defendant and the state (Bohm & Haley, 2018). When cases like the Brian Banks wrongfully conviction occur, it is hard to try and reconcile the use of plea bargaining and justice. However, without plea bargaining no forms of justice would be able to take place, as the justice system would be brought to a standstill due to the volume of cases. Further, plea bargains are not mandatory, so when a prosecutor feels that is best to seek a full charge they can do so. In contrast, a defendant also can accept or refuse the plea bargain.
In addition, plea bargaining ensures that some measure of justice will be given in cases where the preponderance of evidence indicates guilt; however, there is the possibility of justice not being served, if the charge were to go to trial. An example of this would be the incident referenced in this weeks You Make the Call. When there is sufficient evidence that a crime was …show more content…
However, we as humans are flawed and not able to obtain divine justice, like God. We do need to strive to create laws, uphold them and ensure that justice is served to the best of our ability. Plea bargaining can be viewed as away of ensuring that justice is served. By offering plea deals the courts can keep cases moving forward, without delaying trial for years and ensure convictions. Also, through plea bargaining, mercy can be shown on defendants, when a crime has been committed, but was absent malicious intent. As stated in Zechariah 7:9, “thus says the Lord of hosts: Render true judgments, show kindness and mercy to one another” (New Revised Standard
In addition, plea bargaining ensures that some measure of justice will be given in cases where the preponderance of evidence indicates guilt; however, there is the possibility of justice not being served, if the charge were to go to trial. An example of this would be the incident referenced in this weeks You Make the Call. When there is sufficient evidence that a crime was …show more content…
However, we as humans are flawed and not able to obtain divine justice, like God. We do need to strive to create laws, uphold them and ensure that justice is served to the best of our ability. Plea bargaining can be viewed as away of ensuring that justice is served. By offering plea deals the courts can keep cases moving forward, without delaying trial for years and ensure convictions. Also, through plea bargaining, mercy can be shown on defendants, when a crime has been committed, but was absent malicious intent. As stated in Zechariah 7:9, “thus says the Lord of hosts: Render true judgments, show kindness and mercy to one another” (New Revised Standard