What Is Plea Bargaining In Court

The majorities of individuals charged with a crime, whether state or federal never see the inside of a courtroom, and if they do see a courtroom it is not in the context that one would think. The defendant is not sitting in a courtroom full of spectators watching as attorneys argue the guilt or innocence of the defendant to twelve jurors who will eventually decide their fate. This perception of a courtroom has been molded into the minds of Americans through television. The real picture of how the majority of cases are tried is not in a courtroom, but a small room with the prosecutor who pushes the defendant to take a plea bargain. Plea bargaining is a process that uses negotiation to entice the defendant into pleading guilty to a lesser charge or only one of several charges without going to trial, which is a violation
This idea of separateness concerning the two is what causes the misconceptions of amendment violations that plague our justice system and the defendants at its mercy. And although two cases have been presented to the United States Supreme Court, Missouri v. Frye, and Lafler v. Cooper and found to be unconstitutional for violating requirements listed in Strickland vs Washington, people still declare they cannot see a clear violation of one’s sixth amendment right in regardless to plea bargains.
In conclusion, individuals on both sides of plea bargaining can dispute the amendment rights found within the plea agreement and argue why they are or are not being violated, even though court ruling have been brought forth showing that violation have occurred. It will likely take being on the side of accepting a plea bargain agreement before an advocate for pleas will be able to relate and admit to the violations that are being executed throughout the plea bargain