Preview

Plea Bargaining

Good Essays
Open Document
Open Document
831 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Plea Bargaining
Plea bargaining in the criminal justice system is an issue viewed in various ways based on the individual=s role in the judicial process. Plea bargaining may be beneficial to the rightfully accused allowing them a lighter sentence; however, if wrongfully accused, it could cost an innocent person their freedom.
A plea bargain is an agreement in a criminal case where the prosecutor and the defendant arrange to end the case against the defendant before it goes to a judge or jury trial, but it must always have the courts= approval. A general description of the overall plea bargaining process is that the accused pleads guilty to a more minor offense than charged or to a smaller number of offenses than charged, in exchange for a more lenient sentence or fine. Plea bargaining agreements can have several different forms= prosecutions, among them are, charge bargaining, sentence bargaining, and count bargaining.
In charge bargaining, the defendant pleads guilty in exchange for a reduction of the charges. Depending on the seriousness of the initial charge, the only one who stands to gain from charge bargaining is the defendant or the accused because in some instances it can mean the difference between life and death.
In sentence bargaining, the defendant pleads guilty in exchange for a lighter sentence, which may include a shorter prison term, probation, a counseling program, or be placed in a rehabilitation center. Count bargaining is where a person can be charged with multiple counts, either for committing multiple crimes or for different aspects of a single crime. Count bargaining allows the defendant to plead guilty in exchange for a reduction in the counts against him or her. Count bargaining and sentence bargaining are somewhat similar. If a person is convicted of multiple crimes, the prison term is calculated by combining the attendant sentence of each count, and if a count is dropped, so is the time to be served with it, which can be more beneficial

You May Also Find These Documents Helpful

  • Good Essays

    In her article “Innocence is Irrelevant,” Emily Yoffe, a contributing editor at The Atlantic, argues that plea bargains control the justice system. According to Yoffe, plea bargains make it easy for prosecutors to convict defendants who may not be guilty but at the same time, pleas bargains offer leniency. Yoffe supports her position by providing examples of previous cases.…

    • 396 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Using the fairness and justice decision-making process it made me decide that the use of plea bargaining was unethical; due to the fact that it was not fair that criminals who have committed unlawful acts like rape, robbery, and numerous horrendous crimes were given leniency just because they are acknowledging they executed the offense. Stating your guilty doesn’t mean they reflected upon their actions and are ready to start a new leaf. They have instigated the felony and it is only right that they get the full consequence of their atrocity. Furthermore, what’s worse is that because of the pressure and fear of being convicted, the innocent plead guilty and the immoral run free and continue to disrupt the peace of the community. In conclusion, there is no fairness and justice when there is plea bargaining.…

    • 240 Words
    • 1 Page
    Satisfactory Essays
  • Better Essays

    In other occasions court administrators, prosecutors and judges prefer to go for plea bargains to help reduce case volumes and in other cases granted time to the parties so they can prepare themselves for the case or to obtain further documentation to avoid losing time during the next hearing moving the case for a date where they might not have such big overload. Another option that the court administrators recur is to divide cases upon the crime in order to fit all short non complicated crimes in a day vs. having many complicated cases all together in one day since that would delay the case flow.…

    • 1550 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Cole, Plea-bargaining is negotiating a settlement between the prosecutor and the defense attorney, that would exchange a guilty plea for a lighter sentence.. Generally if the prosecutor is willing to lower the sentence, the defense will accept and plea guilty to the crime he or she was accused of. Roughly thirty-five years ago, plea-bargaining was not discussed outside of the courtroom. It was a “secret” of the court and done behind closed doors. Now, people know what plea-bargaining is, and is now a very controversial subject in society. There are positives and negative aspects of plea-bargaining in the case of Councilman…

    • 932 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Plea bargains are an assertion in a criminal case between the prosecutor and the respondent that ordinarily includes the litigant conceding so as to get a lesser offense or sentence. Plea bargains are frequently alluded to as truly simply building up a common affirmation of the case's qualities and shortcomings, and don't really reflect a conventional feeling of Justice. In principle, courts are glad to host the individual gatherings work out an answer independent from anyone else, yet it makes one wonder…

    • 182 Words
    • 1 Page
    Good Essays
  • Better Essays

    When it comes to plea bargaining, there are two different types that can be offered to the defendant by the prosecutor: sentence bargaining and charge bargaining. Sentence bargaining is when the accused is informed of what the sentence will be with a guilty plea and is useful in helping the prosecutor to obtain a conviction by offering the minimum, instead of the maximum sentence for the charge. If the defendant is facing serious charges and does not want to chance receiving a maximum sentence during trial, they may enter a guilty plea in order to serve the least amount of time possible. Charge bargaining is when the prosecutor offers to either charge the accused with a lesser charge, or to reduce the number of charges that have been filed against him/her, in exchange for a guilty plea. For example, if the defendant is charged with a DUI, driving with an expired license, and driving with expired…

    • 1298 Words
    • 6 Pages
    Better Essays
  • Satisfactory Essays

    Some pros of plea bargain is, creating a less over-crowed, over-whelmed system by taking simple cases away. With taking smaller cases away the prosecutors will have few trials to deal with and they will be more effective to the major cases they have. Another positive thing is that not matter if…

    • 177 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    An attorney can not make decisions for you but a seasons defense attorney would generally know how the prosecutor is in terms of flexibility in plea bargaining. Plea bargaining is where the prosecutor would recommend a lesser sentence or even lower the charges against you in exchange for a guilty plea. In some cases, it may be smart to wait until all the evidence is on the table before making a deal, but the extent of their deal will only go as far as the evidence, the severity of the crime and criminal history. The general goal for plea bargaining is to quickly resolve the case while also obtaining a guilty plea for a lesser sentence. The court would also decide whether or not the suspect would be eligible for bail. Next is the pre-trial hearing. The pre-trial is used to handle specific issues with the case and typically involve the judge, prosecutor, defense attorney, the defendant and sometimes other involved parties like Officer Gassman, an officer testifying for the trial. Pre-trial motions can be filed by both the prosecutor and the defense and their purpose is to better increase their chances of success for the…

    • 1340 Words
    • 6 Pages
    Good Essays
  • Good Essays

    Plea bargaining is the essence of the criminal justice system, and it is the process in which a defendant pleads guilty to a criminal charge in order to receive some consideration from the state. There are various types of plea bargaining deals that defendants may accept, which include charge bargaining, count bargaining, and sentence bargaining. Charge bargaining requires the defendant to plead guilty to a less serious crime than the one originally charged with. Count bargaining requires the defendant to plead guilty to partial charges or counts, but not all of the charges presented against them. Lastly, sentence bargaining requires the defendant to plead guilty in exchange for leniency in sentencing.…

    • 623 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The Canadian Law Dictionary (2013) defines “plea bargaining” as “an informal practice where the accused uses his or her right both to plead guilty in order to bargain for a benefit that is usually related to a charge or the sentence”. A plea bargain is the most common method used in the disposition of criminal cases and makes up 95% of cases in Canada (Barbara, Morrison, and Cunningham, 1976) and usually consists of an agreement with the Crown prosecutor to make an alliance to get the judge to make a sentence. In most cases plea bargaining is considered as a “deal with the devil”. In 1975, the Law Reform Commission of Canada defined "plea bargaining" as "any agreement by the accused to plead guilty in return for the promise of some benefit…

    • 1084 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Whether or not it is possible to entirely eliminate plea bargaining in all its forms and varieties, I am not persuaded that it is desirable to do so. But I am no friend of plea bargaining in the unrestrained forms of it that are evident in the United States. In a nutshell, the normative position I shall advance is this: individuals charged with crimes who are willing to confess or plead guilty should be granted modest and fixed sentence discounts in exchange for doing so. Charge bargaining, and that which often accompanies and enables it, strategic overcharging, should be strongly discouraged. Trial penalties, that is, additional increments of punishment assigned to individuals who exercise their right to trial, should be prohibited. However,…

    • 212 Words
    • 1 Page
    Good Essays
  • Good Essays

    As Nataskie stated above, there is a place and a need for plea bargaining in our criminal justice system. Although it is true that plea bargaining gives a guilty person the opportunity to admit to their crime and accept the punishment for it, they are likely more motivated by the fact that plea bargaining involves the perpetrator receiving a reduced sentence of some sort. Another reason for continuing with plea bargaining, as a tool in the criminal justice system, is because often it affords the prosecutor the means necessary to get a lesser criminal to testify against a more significant criminal who otherwise might go free. Plea bargaining should maintain an active role in all justice systems regardless of whether they are local, state,…

    • 127 Words
    • 1 Page
    Good Essays
  • Good Essays

    Plea bargaining is being scrutinized and criticized for a variety of reasons. Many believe that plea bargaining is fair as it gives a possible offender the ability to negotiate a less severe sentence. If the offender is in fact innocent all he has to do is go trial and prove it and he will be released. However plea bargaining has contributed to the imprisoning of innocent individuals. The prosecutor also has an unfair advantage over the defense thus making plea bargaining an unfair practice. These reasons are why plea bargaining is a negative practice and should be changed.…

    • 642 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Charge Negotiation

    • 628 Words
    • 3 Pages

    Charge negotiations during a criminal trial are between the accused person and prosecutor. It is when the accused agrees to admit to a crime (sometimes a lesser crime that the one set out in the original charge eg. Admitting to manslaughter rather than murder). A plea of guilty will generally attract a discounted sentence and avoids spending taxpayer’s money. Negotiations are conducted in accordance with the Prosecution Guidelines of the Office of the Director of Public Prosecutions. The goal of the negotiation is to secure a guilty plea, meaning a quick resolution avoiding lengthy and costly trials. It is also there to ensure that someone guilty of a serious crime DOES go to prison and is not let off because of a weaker defense or prosecution case.…

    • 628 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Plea Bargaining

    • 617 Words
    • 3 Pages

    Many references found on the subject of plea bargaining project the same message as to why the process has become such a common element of the justice system. The universal missive seems to be advantage for all parties involved, even the victim.…

    • 617 Words
    • 3 Pages
    Good Essays

Related Topics