Hello, here is the question: What effect does plea bargaining have on the justice system? If you were a criminal defendant, what factors would you consider before deciding to plea bargain? here is my answer to this discussion :
“A plea bargain is a settlement between a prosecutor and a defendant in which the defendant consent to plead guilty or no appeal in return for the prosecutor dropping one or more allegations or proposing to the judge a specific punishment agreeable to the prosecution. The trend of granting offenders who plead guilty to lesser charges or lighter punishments leads to unfair sentences that are too light compared to the strength of the crime. Langer (2019) explains that explicit agreements between the prosecutor and the defense, and tacit or direct understandings between the defense and the prosecutor, are used widely in criminal cases to adjudicate criminal prosecutions, induce guilty verdicts and escape trials. This means that plea bargaining is used in the justice system to stop a charge against a crime, stop a proceeding or promote an agreement between a defender and prosecutor despite the nature of crime committed.Before considering the bargain, I would first consider the terms of the sentence. If I am sure that I’m innocent, but the prosecutor has enough evidence because I was at the scene of the crime, it is better to make a deal. If I was to choose between serving a long time in prison versus a shorter time offered by the plea bargain, I will settle for the plea bargain. I would also consider my previous criminal records. If a defendant has a criminal history and is convicted of another offense, he or she could face stronger punishments, such as higher fines and a lengthy prison sentence than if they were a first-time offender (Williams, 2020). With a previous criminal history related to the present charge, I will consider the plea bargain. I would also look at the strength of the case by the prosecutor. White & Cicchini (2019) explains that judges with strong evidence from the prosecutor will not have a reasonable doubt to rule against the prosecutor. In this regard, I would never dismiss a plea bargain. Strong evidence equals less defense by a defendant.”
I want you to write a reply to each one of my classmates :
1- Deigo : – The effect of plea bargaining having on the justice system is a swift and effective method for both sides on the court. Plea bargain is when the prosecutor and the defense agree upon their needs on their side of the case. Usually it follows that the prosecutor ask the defendant to plea guilty and will result in a lesser charge or lesser incarceration time. This process ultimately “Can avoid the time and cost of defending themselves [defendants] at trial, the risk of harsher punishment, and the publicity a trial could involve. The prosecution saves the time and expense of a lengthy trial. Both sides are spared the uncertainty of going to trial. The court system is saved the burden of conducting a trial on every crime charged.” This allows the courts to work faster and get to other cases or even big cases as this process will save so much time for everybody to ensure a quick conviction and both sides of the court are satisfied. There is a reason why “97 percent of federal cases and 94 percent of state cases end in plea bargains, with defendants pleading guilty in exchange for a lesser sentence.” If I was a criminal defendant, I would plea guilty if the prosecutor expunged smaller charges, give shorter sentence, access to family visits, and a safe cell block.sources: https://www.americanbar.org/groups/public_educatio…https://www.nytimes.com/2012/03/23/us/stronger-han...Write him a reply here …….
2- Saldana: Plea bargaining can be beneficial to defendants because they are able to lower the time that they serve. The court decides to give a plea bargain if you plead guilty to the crime, hence being able to lower sentencing. If you don’t plead, then it is nearly impossible to bargain your sentence which is why most people decide to accept the crime for a lower time. If I were a defendant, I would consider researching my lawyer to make sure that they have experience and will actually put in the effort to fight for me. I would make sure that I speak to my defense attorney to ask for advice to get the fairest sentencing. As stated in the article, “They may try to convince you it is in your best interest to accept a deal on their terms or risk being charged with a more serious offense and face harsher penalties.” (HGExperts) which is why it is important to research whether the deal is fair to your particular offense. I would make sure that there is even enough evidence against me to convict me, or if I could possibly get out of it without the need of a deal. (2021). Retrieved 7 April 2021, from https://www.hg.org/legal-articles/when-should-you-…Write her a reply here ….
I believe that plea bargaining has a sort of a manipulation effect on the criminal justice system. If a low-income minority defendant gets presented with a plea bargain for a crime they did not commit, they feel as if that might be their safer choice. In an article written by attorney Somil Trivedi, he states “Defendants’ lives are determined primarily by power dynamics and leverage, not facts and law.” Plea bargains are also not as common with rich criminal defendants because they are confident that their lawyer will execute the court. Low socio-economic defendants will not get their rightful time in court to defend themselves. This means that without being able to afford good lawyers, they might fear that they may be found guilty and forced to be sentenced with extreme consequences but with a plea bargain, their consequences may be less extreme. Of course, they would choose the bargain because at this point, it seems to be the more favorable and less extreme option. Much like if I were a criminal defendant in a “wrong place wrong time” kind of criminal event, with a lawyer that I can afford (which would not be the best), I would fear that the criminal justice would fail me and submit to a plea bargain. Like choosing the lesser evil. American Civil Liberties Union. (2020, January 13). ACLU News & Commentary. https://www.aclu.org/news/criminal-law-reform/coer… Write her a reply here …..
A plea bargain in the justice system could have a bad effect, a plea bargain does not necessarily mean the person on trial is guilty of the crimes they are agreeing too. Throughout the years there have been countless stories of someone being framed, or wrongfully taking the blame for someone else’s crime due to the lack of investment in finding the real criminal, which means that the real criminal is still on the streets living their life freely. Is it possible that criminal defendants take the easier route if they do not feel confident in their abilities to win the case and decide on a plea bargain? The article “How Plea Bargaining Works” on Find Law is basically saying that it is too expensive and time-consuming to have every case be put on trial. If I was a criminal defendant I would want the best outcome for the person I was defending. If the defendant decides on a plea bargain that means they will have a reputation for the rest of their life. Job opportunities will be scarce if they plead guilty, school opportunities will vanish and life itself once let out of jail will be harder. Write her a reply here……Thank you 🙂
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