Pros And Cons Of Plea Bargaining
Plea Bargaining
Lidia Nasukowicz, Angela Peeler, Sean Schaffer, Robin Webb, Miranda Williams
CJA/224
February 24, 2014
Plea-Bargaining originally started in the early part of the nineteenth century with the violation of liquor laws. It is one of many issues viewed in the criminal justice system. It may or may not be beneficial to the accused person allowing them a lighter sentence. This paper will discuss definition of plea bargaining, distinguish between charge bargaining and sentence bargaining, compare and contrast the pros and cons associated with the use of plea bargains, and describing how plea bargaining reflects or thwarts the crime control and due process models of criminal justice. Plea bargaining,(criminal …show more content…
An example of this would be someone is charged with 20 counts of burglary after a spree of burglaries in his neighborhood. The District Attorney offers to drop the charges to two counts of burglary if the suspect pleads guilty right away. The suspect takes the deal, because his sentence will be shorter and he will be eligible for parole earlier than if he were convicted on every charge at trial.
Another fairly obvious benefit that defendants can reap from plea bargaining is that they can save a bundle on attorneys’ fees, assuming they are represented by private counsel. It almost always takes a lot more time and effort to try a case than to negotiate and handle a plea bargain, so defense counsel typically charge a much higher fee if the case goes to trial. There may also be other benefits for defendants who plead guilty or no …show more content…
There are many advantages as well as disadvantage in taking a plea bargain. Most defendants whom contemplate taking a plea bargain are the ones that are facing many years of jail time and want to reduce there sentence. Even though plea bargains have pros and cons the majorities of defendants don’t think twice and take the bargain.
The advantages are always in favor of the defendant. However, some of the advantages are for the benefit of the court system. The plea bargain allows for a lessen court appearance reducing court fees. The court can focus on other cases. If a defendant is facing many years of jail time taking a plea bargain for a lesser charge can be advantageous to lessen the sentence. If you are facing a greater charge the plea bargain can lessen the charge where in turn will reduce the sentence.
Even though there are many advantage there are also many disadvantages. The biggest disadvantage is that when you take a plea bargain it is an automatic admission of guilt. You waive your right to have your trial heard by a jury and a judge. And, even though a plea bargain was offered and accepted, the court can decline the plea bargain which would put the case back on the docket to be heard by a jury. So an admission of guilt not only stays with you forever, it also takes away the right to file for an appeal in your
Lidia Nasukowicz, Angela Peeler, Sean Schaffer, Robin Webb, Miranda Williams
CJA/224
February 24, 2014
Plea-Bargaining originally started in the early part of the nineteenth century with the violation of liquor laws. It is one of many issues viewed in the criminal justice system. It may or may not be beneficial to the accused person allowing them a lighter sentence. This paper will discuss definition of plea bargaining, distinguish between charge bargaining and sentence bargaining, compare and contrast the pros and cons associated with the use of plea bargains, and describing how plea bargaining reflects or thwarts the crime control and due process models of criminal justice. Plea bargaining,(criminal …show more content…
An example of this would be someone is charged with 20 counts of burglary after a spree of burglaries in his neighborhood. The District Attorney offers to drop the charges to two counts of burglary if the suspect pleads guilty right away. The suspect takes the deal, because his sentence will be shorter and he will be eligible for parole earlier than if he were convicted on every charge at trial.
Another fairly obvious benefit that defendants can reap from plea bargaining is that they can save a bundle on attorneys’ fees, assuming they are represented by private counsel. It almost always takes a lot more time and effort to try a case than to negotiate and handle a plea bargain, so defense counsel typically charge a much higher fee if the case goes to trial. There may also be other benefits for defendants who plead guilty or no …show more content…
There are many advantages as well as disadvantage in taking a plea bargain. Most defendants whom contemplate taking a plea bargain are the ones that are facing many years of jail time and want to reduce there sentence. Even though plea bargains have pros and cons the majorities of defendants don’t think twice and take the bargain.
The advantages are always in favor of the defendant. However, some of the advantages are for the benefit of the court system. The plea bargain allows for a lessen court appearance reducing court fees. The court can focus on other cases. If a defendant is facing many years of jail time taking a plea bargain for a lesser charge can be advantageous to lessen the sentence. If you are facing a greater charge the plea bargain can lessen the charge where in turn will reduce the sentence.
Even though there are many advantage there are also many disadvantages. The biggest disadvantage is that when you take a plea bargain it is an automatic admission of guilt. You waive your right to have your trial heard by a jury and a judge. And, even though a plea bargain was offered and accepted, the court can decline the plea bargain which would put the case back on the docket to be heard by a jury. So an admission of guilt not only stays with you forever, it also takes away the right to file for an appeal in your