When an accused offender faces criminal allegations they want nothing better then to curtail the potential repercussions for their irresponsible actions. Being judged innocent by trial would be their ideal choice however, they also understand that there may be sufficient evidence in the hands of the prosecution to put them behind bars for a good many years. In these situations the accused may deem their best course of action to avoid prison time is to agree to a plea bargain.I strongly suggest you to visit do plea deals really work to learn more about this.
Plea bargaining is nothing more then a defendant and prosecutor agreement whereas the accused agrees to a guilty plea in exchange for specific concessions from the state prosecutor. As a nation where individual rights are honored above all else, these plea bargains are viewed by some as an extension of their inalienable rights, while the victims in most case assert that it is a means of depriving them of their moment of justice. Many factors from both sides come into equal play as the individual plea bargain offer is created. Both the defense and the prosecuting attorney must weigh the various strengths of their case before making a firm decision. It is estimated that 95% of the cases appearing in court are resolved by the process of pleas bargaining (Watson 2010). In high profile cases the prosecution would do well to take into consideration the feelings of the public in their recommendations.
Pros and cons as they relate to plea bargaining usual produce some heat discussions based upon both sides of the issue. The general procedure is that in a case of maximum sentence being imposed the prosecutors may offer the defendant a mere fraction of that in the event he or she will select a plea of guilty. In most cases a selection between either a guilty plea and of a trial will affect the final sentence handed down by the judge viewing the case.
The major advantage offered in support of plea bargaining is that the process saves the state valuable resources by the absence of a criminal trial. The defendant naturally gains the most benefit with an agreed upon plea bargain since they will ultimately avoid the uncertainty associated with the criminal trial as well as not receiving the maximum penalty for their suspected crimes. Although in reality the defendant should have been penalized for his infringement of the laws he is actually being rewarded for pleading guilty to a lesser offense thus saving the court crucial time as well as space within our penal institutions. A review of the criminals who are currently serving time for minor offenses is phenomenal. Plea bargaining actively opens up an avenue for the minor offenses to be dealt in a slightly different manner. In addition to the requirement for less prison time it effectively opens the door for convictions of the more hardened criminals.
Not all of the plea bargaining cases will hinge upon economic consideration. Judges often wish to reduce the docket overload and ease the strain upon the court system (Palmer 1999) while the prosecutors look good if they have a high conviction rate. The public defenders really do not care to be in those situations where they are required to do “pro-bono” legal representation, so they would like nothing better then to tie up the loose cases and get on with their more fulfilling cases. Those private defense counsels hired by the defendants do not actually care what the outcome of the case will be as they will receive payment regardless of whether their client goes to trial or accepts a plea bargain.
Looking closely at the disadvantages of the courts plea bargain program we find the greatest disadvantage of plea bargaining is that the victims or their families fail to see the justice unfold that they feel should have been dealt out by the court system. This often puts a sour taste into the mouth of the families and appears to them as if they were forsaken by the judicial system. This is particularly dominant in capital crime cases. Secondly, there is a possibility that an innocent defendant that selects the plea bargain as an option is one who is fearful of a guilty verdict in a trial by jury (Bowers 2008). With the high use of plea bargaining there are greater episodes of poor police investigations or even the defenses attorneys who may fail to properly prepare the case for presentation.
There are also many legal representatives who feel that the process of plea bargaining is essentially unconstitutional since it deprives the accused of the constitutional right for a trial by a jury. It is contended that the process should be abolished as many view this legal program as placing the complete legal system under a compromising cloak of injustice. It dishonorably displays an unfair attitude towards the victim while it dampens the value of our legal professions. In all reality if the case is presented and properly backed with adequate evidence the criminal will be judged and promptly sent to a prison as described by law. On the other hand, in the event that the prosecution fails to properly establish guilt with evidence they possess then the defendant rightfully should go free.