Pros_and_Cons_of_Plea_Bargining

Pros and Cons of Plea Bargains Linda-Jean Wilder CJA/224 August 23, 2010 Pros and Cons of Plea Bargains Throughout history those that have committed crimes against society have tried to make deals to obtain the charges against themselves reduced through bargaining with the prosecution before going to trial. The Constitution of the Unites States provides for the right to a speedy trial and a trial by a jury of one’s peers but with trial dockets so full, plea bargains are an accepted process in eliminating trials. History of Plea Bargaining In the early days of common law a guilty plea by a defendant was seen as a sufficient means for a conviction. There were, however, occasional instances in the nineteenth century in which a plea bargain was used but scholars studying the eighteenth-century found no signs if any type of plea bargaining in the justice system. What was found was the judges would recommend as well as urge a defendant to rethink the confession of guilt and stand trial. What seemed rare prior to the nineteenth century, dispositions of for minor misdemeanor offenses had been the subject of either express or implicit bargains. In a misdemeanor court the defendant in the case were permitted a plea of nolo contendere., meaning a defendant could submit to the conviction, pay the amount of the fine but not admitting to guilt. In non misdemeanor cases judges did not allow nolo pleas. By the end of the nineteenth century on into the early part of the twentieth century, plea bargaining, which seemed to be low by numbers, until the l920’s when a study was done by the crime commission that showed exactly how much it was used in the justice system. As crime is continuing on the upswing as we move out of the first decade of the twenty-first century so will the number of plea bargains increase. Pros of Plea Bargaining In recognizing the pros of plea bargaining could be conceived as benefits to the justice system as well as the defendant. Plea bargaining could result in the elimination of a fine saving the defendants family of financial stress. In this economic time anything that can lower the stress would be a benefit. A plea may also eliminate or reduce any jail or prison time to be served. With the prison and jail population at such a high level and rising daily all that can be done to keep a defendant from being incarcerated would be a plus A defendant could have additional charges dismissed while arranging a plea bargain thus showing fewer convictions on his or her record. With the unemployed work force at an almost all time high, having fewer convictions might help the defendant gain employment... The plea bargain would also resolve the case quicker than going to trial which in turn might eliminate publicity. Because of the extraordinary number of criminal cases on dockets today the plea bargain is sure to be a benefit to eliminate some of the overload on the court systems. Cons of Plea Bargaining Concerning the cons of plea bargaining the pros outweigh the cons. While the cons are few some are valid like the fear that an innocent defendant may accept a plea through being intimidation of an officer. Also one of the fears of plea bargaining is that a habitual criminal through plea bargains would end up back on the street to continue committing crimes with the possibility of committing a more severe crime. One other fear with plea bargains would be if a less than honest prosecutor or judge in making these plea deals would do it for purpose other than what they were designed for. Plea Bargains seem to be on the rise so rapidly over the years but they also are seen as a trade off at the same time. With the court so full and the prisons around the country busting at the seams it does seem that the process is working. This writer is all for plea bargains as long as they are carried out to the letter of the law and the right full offender is receiver of such a bargain and that he or she does not see this as a slap on the wrist just to continue in the life of crime...