Plea Bargaining - Essay Example

Plea bargaining is a process inside a criminal justice structure in which a plea is negotiated by the defendants and prosecutors to dispose of a case before trial (Messitte, 2010). Plea bargaining may be sought out to secure defendants cooperation to be used as witnesses in other criminal cases. It is then traded for a bargain for the criminal charges facing them. The following are three example scenarios where plea agreements have been offered.

In the first scene, Alex is accused of stabbing two store attendants who were holding him for shoplifting; leaving them with life-threatening wounds. Alex faces charges of two counts of aggravated assault which may lead to a minimum sentence of five years in prison. His plea is that the charges are reduced to simple assault. In the second scenario, Wilson is arrested and charged with first-degree robbery after an informant notified the police that he had admitted to robbing a software company CEO. He may face a minimum sentence of five years in prison (Reinhart, 2008). He wishes that the charges be reduced to second-degree robbery and a recommendation by the prosecution of eight months imprisonment. In the third scenario, Stephen who is a university professor is charged by his student with second-degree sexual assault. Although he denies the charges, there is consistent evidence against him, and he faces a minimum sentence of between 2 to 10 years in prison. Stephen is, therefore, prepared to plead guilty to indecent exposure.

Some critics of plea bargaining claim that it lessens the restraining effect of reprimand as it accords the lawbreakers the control to bargain for reduced punishments. Inherently, plea bargaining should not be offered for criminal offenses such as sexual assault, first-degree murder, robbery with violence or any other offenses that lead to physical harm to the victims. In a plea bargain, both the prosecutor and defendant have to agree over a proposed plea deal (Messitte, 2010). Although most of the plea agreements are subject to consent by the court, some are not. For instance, it is imprudent for prosecutors to decide to drop charges without the approval of the court in exchange for a minor offense to get a guilty plea. Plea bargaining has been a special procedure with the prosecutor having most of the input, but tables are turning now that the rights of victims enable them also to have input in the process of plea bargaining.

Summarily, plea bargaining has its benefits and drawbacks. The benefits range from caseloads being reduced for prosecutors, and the offenders receive reduced charges and sentences. Also, information on other illegal activities is obtained leading to more convictions. The drawbacks include defendants going to prison for crimes they did not do, and the crime victims feel no justice done for what happened to them, and accused persons are forced in waiving their trial rights.

References

BIBLIOGRAPHY Messitte, J. P. (2010). PLEA BARGAINING IN VARIOUS CRIMINAL JUSTICE SYSTEMS. Montevideo.

Reinhart, C. (2008). CRIMES WITH MANDATORY MINIMUM PRISON SENTENCES- UPDATED AND REVISED. Retrieved from https://www.cga.ct.gov/2008/rpt/2008-R-0619.htm