The plea bargain Research Essay

Any arrangement that occurs in a criminal case between the defendant and the prosecutor is known as a plea bargain, plea deal, or plea agreement. It occurs when a defendant agrees to admit guilt to a specific accusation in order to receive a concession from the computer. This means that the defense attorney may agree to a lesser charge or to one charge out of several in exchange for the dismissal of the other accusations. Plea Bargaining by Piccinato (2004). In other situations, the defendant will enter a guilty plea to the initial accusation in order to receive a lighter punishment. Plea bargain is an agreement that is used in criminal cases to avoid long trail. In this case, the defendant and the prosecutor work issue out together and agree with each other so as to avoid taking the whole issue to the jury. Plea bargain is highly used in the US where people prefer using the system to settle issue than taking the whole thing to court for trail. There are several types of bargains which include charge bargaining, count bargaining, fact bargaining, and sentence bargaining.

Plea barraging is a type of legal agreement that bars the defendant from the risks of a guilty verdict by the court which may lead to a severe sentence and it also enables the two parties to avoid very long trials and the court. Plea bargaining has been used internationally to carry out agreements and it has left the defendant and the prosecutor in peace. Nonetheless, if a defendant pleads guilty of the charges, then he is trading his/her rights to the prosecutor in return highly respected concessions than the rights surrendered Plea Bargaining by Jost (2012). After all is said and done, plea bargaining has hit debate rooms and caused heated debates on whether it is good to the society or not.

It has been supported as a voluntary exchange that sees both parties at peace in the sense that the defendant has numerous substantive and procedural rights, but when he/she pleads guilty, then the defendant sells the rights to the prosecutor, they value the concessions they receive more than the rights they receive. The society benefits from plea bargaining because those found guilty are less likely to be acquitted, nevertheless, plea bargaining has hidden disadvantages as discussed below.

Presents Dilemma to the Defense Attorney

The defendants attorney can face dilemma from plea bargaining in the sense that they have to choose between a vigorous approach to get a good deal from the client, or they maintain a good relationship with the prosecutor so that he/she saves his/her other clients in future.

Presentation of the Accused with Unconscionable Pressure

The persecution can present the accused with unconscionable pressure in the plea bargaining. The process is controlled but there are still chances of being coerced. The defendants are always under pressure to take a plea bargain because of its simplicity and it is easier for all those that are involved even if they don’t want to admit the guilt.

Less time to prepare for the Case and Investigation

Plea bargaining can lead to less time to prepare for the case and to carry out an investigation. Several attorneys and judges argue that it leads to attorneys not having sufficient time to prepare properly for their cases and also does give the police enough time to carry out investigations. They argue that instead of pursuing justice, the parties involved should make a deal, and due to the deals, the details of what took place and their legal consequences will be rendered less important Plea Bargaining by Jost (2012).

Biasness to the Prosecuting Team

Plea bargaining can sometimes give the prosecutor authority to take full advantage of accepting criminal offense in the weakest trials. A guilty claim will be more beneficial for the prosecution as if the trial ends up in release Plea Bargaining by Jost (2012).

Innocent People Might be Charged Guilty

Even if someone is innocent but accepted a guilty plea, then they will still have to pay the fine, or they can be imprisoned for a crime they did not commit. As if this is not enough, the innocent personal will also have a criminal record that cannot and will not be erased. Innocent people most of the time end up taking a guilty plea bargaining. They accept this because they are scared of the being found guilty by a judge in the trail Plea Bargaining by Jost (2012). The biggest challenge of plea bargaining is that an individual has to admit guilt even if he/she is innocent. This traumatizes and causes turmoil in an individual’s life for long. In China, the accused feels that no choice is given to the high conviction rates, the threats of a weighty punishment, and the obstacles that make it difficult to put a good defense Plea Bargaining by Jost (2012).

Unconstitutional

Plea bargaining is unconstitutional. It is stated in the American constitution that each citizen has the right to trial by the jury. Many people view plea bargaining as unconstitutional in the sense that it deprives the defense of his/her right to trial by a jury. If a defendant is coerced or pressured into agreeing to plea bargaining, then this argument has a heavy weight. If the defendant insists that he/she has to be trail by a jury without pressure from anyone to accept the agreement, then this is found to be constitutional in the court.

It Can Jeopardize the Justice System

The justice system might suffer in a plea bargaining because both the prosecuting and the defense teams rely on their own powers to negotiate a deal instead of them winning a trial. The victims, people who are affected by the crime in one way or the other, and the general public may be angry with the plea bargaining. Especially in cases where they feel that the crime should be punished with the law Plea Bargaining in National and International Law by (Rauxloh 2014).

Minimizes Punishments for Serious Crimes

People who commit crimes don’t face the full arms of justice. The fine that might be imposed on them through the plea bargain might be very low compared to the crime they committed. For example, someone who kills should be charged with a lifetime imprisonment, but this person will only pay some little fine and be left. This is not fair to the affected people Plea Bargaining in National and International Law by (Rauxloh 2014).

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Deprives the Defendant of Trial

A defendant has a right to trial according to constitutions of most states. Under such circumstances, plea bargain deviates from the system of justice that protects the rights of the defendant through extensive procedures Plea Bargaining in National and International Law by (Rauxloh 2014).

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The Defendant Cannot File an Appeal

Plea bargaining bars the defendant from filing an appeal. Every accused person has the right to file an appeal if not satisfied with the outcome of a trial. Plea bargain is biased in the sense that the agreement signed has to adhere to without defending yourself Plea Bargaining in National and International Law by (Rauxloh 2014).

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Leniency

Leniency is both an advantage and a disadvantage. This means that the plea bargaining depends on which side the case one is on. The victim or his/her family may see that lean punishment to be very painful Plea Bargaining in National and International Law by (Rauxloh 2014).

Conclusion

Once the parties concerned agree on the plea of bargain, the agreement will then be clearly stated in the court of law before a judge. The judge will then issue the sentence that the parties concerned have agreed upon. Plea bargaining can have benefits for the defendants and the society at large, whose interests have been represented by the government prosecutor. Nonetheless, it is always important for the defendants and the prosecutors to weigh options involved in the plea bargaining before they reach an accord through a plea bargain.

According to Thomas Jefferson, he saw that the natural progress of things is to yield fruits and the government to gain the ground Plea Bargaining by Herman (2012). American experience with the plea bargaining is another factor that confirms the truth of Jefferson’s observation. When the Supreme Court in the US sanctioned plea bargaining, it unleashed a runaway train. In spite of a steady media way of titillating criminal trials in the past years, there is an expanding recognition that jury trials is slowly becoming a rare case in America and this shows that something is terribly amiss.

With several other areas of the constitutional law of America, Courts must stop tinkering around the edges of the issues about plea bargaining and consider the first principles. In as much as plea bargaining reduces and speeds case load disposition, it does so in a manner that is unconstitutional and unfair. When the framers of wrote the Bill of Rights, they were aware that during trial procedures less time was consumed in the plea bargain but they choose not to adopt them. The framers of the Bill of rights believed in its freedom and the security that accompanies it. And they saw that the freedom and the securities were worth whatever cost.

Works Cited

Herman, G N. Plea Bargaining. Huntington, N.Y: Juris Pub, 2012. Print.

Jost, Kenneth. Plea Bargaining. Washington, D.C: CQ Press, 2012. Internet resource.

Piccinato, Milica P. Plea Bargaining. Ottawa, Ont.: Dept. of Justice, 2004. Internet resource.

Rauxloh, Regina. Plea Bargaining in National and International Law: A Comparative Study. , 2014. Print.