Friday, October 5, 2012

What are some of the pros of plea bargaining?

Plea bargaining plays an important role in the criminal
justice system. Plea bargaining is usually a deal offered by a prosecutor to convince a
defendant to plead guilty of a crime.  There are two types of plea bargains—a charge
bargain and a sentence bargain.  In a charge bargain the defendant pleads guilty to a
lesser charge or to just some of the charges against him.  In a sentence bargain, the
defendant is told in advance what the sentence will be if he pleads guilty.  There are
important reasons or arguments for plea bargaining for both defendants and
prosecutors.



Plea bargaining is important for
defendants for several reasons. Of course the most important reasons for a defendant to
accept a plea bargain are the fact that he may receive a lighter sentence to a lesser
charge.  A plea bargain resolves the matter much more quickly for the defendant (and the
prosecutor, too).  Also, if the defendant is represented by private counsel, he could
save a lot of money by accepting a plea bargain.  Finally, accepting a plea bargain may
mean having a less serious crime on the defendant’s
record.


Plea bargaining is important for prosecutors for
several reasons. Plea bargaining is important because if all defendants went to trial,
the courts would be overwhelmed and would not be able to function. In addition there is
a cost savings to taxpayers when a plea bargain is reached and a trial avoided.  Also,
plea bargains may reduce overcrowding in prisons and make space available for truly
heinous criminals.  Finally, a plea bargain assures a guilty verdict.  No matter the
evidence, there is no such thing as a “slam dunk” when talking about a jury
trial. 


Plea bargaining is important to the criminal
justice system.  About 90 of convictions come from negotiated
pleas.

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