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Plea bargaining is one of the key elements of the American Criminal Justice system. It is a unique approach towards inducing cooperation between the defendant and the prosecutor regarding the case. Its advantage is that both parties achieve some form of benefit, but the disadvantage is the endangerment of the fair and correct outcome. It is often used to avoid committing resources and time, and the process takes place before trial. The positive effect is that one can prevent publicity, traumatic testifying, or harsh sentence, but the negative side is that it encourages innocent accusing.
The primary pro of plea bargaining is that it allows the two parties to negotiate a deal that offers some form of benefit to both sides. For example, it is stated around 90% of all conviction end in some form of plea bargaining (Lippke, 2006). In other words, it significantly reduces the burden on the criminal justice system (Gorr, 2000). However, the con is that it incentivizes incorrect legal outcomes, where a defendant can severely decrease the harshness of sentences or charges and serve smaller ones. One of the most important problems of the criminal process is the need to optimize the current procedural form, which would effectively ensure the realization of the human right to free access to justice, contribute not only to the economy but also the rational use of resources allocated for the administration of justice, to reduce the time for consideration of criminal cases and reduce the burden on the judiciary.
It is evident that plea bargaining is used to move the cases as quickly as possible through the system. Two parties also commit fewer resources and time to the issue, which removes unnecessary pressure. The procedure itself takes place before trial, and it can take a number of forms. The main two are charge bargaining and sentence bargaining, which differ in the fact that the former focuses on reducing charges, and the latter negotiates the sentence (Heumann, 2020). Therefore, the mechanics of the process is manifested as an alternative route for the trail.
The positive outcome of plea bargaining is that defendant can negotiate a sentence or charge if he or she believes that there no chance for acquittal. A prosecutor saves time and secures conviction, whereas witnesses and victims avoid unnecessary publicity and testifying, which can be traumatic. However, the main negative outcome is that plea bargaining incentivizes an innocent person to agree for a reduced sentence due to the factor of fear. It is stated that perceived case strength highly dictated the likelihood of falsely pleading guilty (Zimmerman & Hunter, 2017). In addition, there are racial aspects of the issue, where innocent African American defendants are more likely to plead due to the high chance of being convicted during the trial (Berdejo, 2018). In other words, the negative outcomes can be seen in moral problems as well as racism.
In conclusion, plea bargaining is a highly controversial and critical element of the American Criminal Justice system. It creates an opportunity for both defendant and prosecutor to come into an arrangement, but it also encourages incorrect legal outcomes. It is mostly used to increase the efficiency of case resolutions by committing fewer resources. It primarily takes place before trial and acts as an alternative route. The positive outcome is that both parties might improve their current state of being, and the criminal justice system reduces the load. However, the negative effect can be observed in moral issues, such as the conviction of innocent and racial disparity.
References
Berdejo, C. (2018). Criminalizing race: Racial disparities in plea-bargaining. HeinOnline.
Gorr, M. (2000). The morality of plea bargaining. Social Theory and Practice, 26(1), 129-151.
Heumann, M. (2020). Plea bargaining: The experiences of prosecutors, judges, and defense attorneys. The University of Chicago Press.
Lippke, R. L. (2006). Retributivism and plea bargaining. Criminal Justice Ethics, 25(2), 3-16.
Zimmerman, D. M., & Hunter, S. (2017). Factors affecting false guilty pleas in a mock plea bargaining scenario. Legal and Criminological Psychology, 23(1), 53-67.
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