The legal definition of Plea Bargaining is that it is ‘ the process in which a criminal defendant and prosecutor reach a mutually satisfactory disposition of a criminal case, subject to court approval.' The process is essential in the prosecution procedures where cases are subjected to Plea Bargaining. Through Plea Bargaining a case can be concluded without trial. A successful Plea Bargaining leads to an agreement between the prosecuting attorney and offender. The process of Plea Bargaining serves ‘the interests of judicial economy’ (Messitte, 2010) by securing the cooperation of the accused, allowing them ‘to plead guilty to a lesser charge or the original charge with less than the maximum sentence' (Devers, 2011). In Plea Bargaining agreement, the accused pleads guilty to the crime and in return the prosecutor dismisses particular charges or recommends less sentences to the jury than the case would allow. This essay will expound on the process of Plea Bargaining and how both the accused and the prosecutor gain from the bargaining process. Secondly, it will discuss the reasons why someone would plead guilty in an implicit plea bargain without a real guarantee of consideration during the jury trial. Thirdly, it will discuss the reasons why a person would plead guilty to a crime they did not commit. The paper will conclude by discussing the significance of the Plea Bargaining process.
The Plea Bargaining process is hinged on the bargain between the prosecutor and the defendant. The defendant pleads guilty in exchange for a promise from the prosecutor to drop some charges, or make the case less heinous, or propose a lesser sentence to the panel of judges and agreeable to the defense. The Plea Bargaining process can be initiated from either side. However, all the parties must come to terms before moving ahead with the whole process. The bargain is private, but can also proceed through victim rights groups negotiations. When the both parties agree to continue with the process, the accused can plead guilty to significantly fewer charges or one of several other charges. Through the authorization of the judge or jury, the defendant makes voluntary acknowledgments in court to the allegations imposed on them. Nevertheless, even when the accused acknowledges his involvement in the crime, the jury may accept or disregard the agreement if there is no factual basis.
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The trial process causes much stress on the accused. Through Plea Bargaining the defendant can benefit a lot because he or she can fashion the kind of sentence they are to receive. The society and judicial system profits through reduction of the costs and justice administration to victims (Alkon & Dion, 2014). Also, through Pleas Bargaining, a criminal has the chance not to face other charges that would arise from the evidence presented in the case. Although less severe accusations are imposed on the defendant than what he or she would deserve, it also reduces his or her freedom because the prosecutor has more evidence to pin them under the criminal justice system. Additionally, this criminal history may be used against the defendant hence making them receive a more severe sentence in subsequent trials. The benefits are however massive, relieving the defendants from the stress and anxiety of the criminal process.
Plea Bargaining gives the defendant unfair grounds to defend him or herself. While the prosecution side has access to more powers, evidence and time with the accused, the defendant’s lawyer has limited time to collect substantial evidence from his or her client. When a person agrees to Plea Bargaining, accusations for crimes they have not committed will be imposed, forcing them to succumb. The worst part is that people are not given a chance to appeal from the accusations even when they are not true. The danger of Plea Bargaining is that the criminal’s freedom is cut-off, leaving them at the mercy of the prosecutor. The coercion from the prosecutor that the defendant would receive more dreadful sentence than when he agrees to plead guilty makes innocent people plead guilty (Gertner et al., 2015; Devers, 2011; Yaroshefsky, 2008).
Plea Bargaining has many advantages in the prosecution procedure. First, the process can relieve the accused from the stress of defending themselves during a jury trial in addition to receiving a harsher sentence than would be received through the bargain. The entire procedure brings an efficient justice administration through saving time, cost and other resources. Through Plea Bargaining, the Federal Court System’s burden of trying every case on every crime charged is reduced. However, the problem with the agreement drawn in the bargain exposes the defendant to more accusations when tried in subsequent cases. With the massive evidence at the hands of the prosecutor, the accused lacks the freedom to appeal even to the wrong crime. Though the agreement has advantages on the prosecution and defendant sides, the process also seems biased because it gives the prosecutor more power, even surpassing that of the judges (Yaroshefsky, 2008). There is no assurance of transparency in the process, and it may be that people are coerced by the prosecution to plead guilty even to crimes they have not committed. In conclusion, Plea Bargaining has many advantages to the society, prosecution, and defendant. However, there is a demerit in that the processes is likely to promote bias. Therefore, while the process is beneficial in some instances, measures should be put in place to ensure that it is not abused. This way it is more likely to make sure that justice is served.
References
Alkon, C., & Dion, E. (2014). Introducing Plea Bargaining into Post-Conflict Legal Systems. International Network to Promote the Rule of Law.
Devers, L. (2011). Plea Charge and Bargaining. Bureau of Justice Assistance, U.S. Department of Justice.
Gertner, N., Brower, B., & Shechtman, P. (2015, January 8). ‘Why the Innocent Plead Guilty’: An Exchange . Retrieved from The New York Review: http://www.nybooks.com/articles/2015/01/08/why-innocent-plead-guilty-exchange/
Messitte, J. P. (2010). Plea bargaining in various criminal justice systems. Montevideo, Uruguay.
Yaroshefsky, E. (2008). Ethics and Plea Bargaining: What's Discovery Got to Do With It? Criminal Justice, 23 (3).
