Plea Bargain: Benefits and Pitfalls Report

Exclusively available on Available only on IvyPanda® Made by Human No AI

The use of plea bargaining is often critical for the effective functioning of many courts, even though this practice can give rise to many controversies. This paper is aimed to showing that by prohibiting or limiting this practice, the state can create significant challenges for law-enforcement agencies as well as judges. Instead of limiting or prohibiting plea bargaining, one should focus on the ways in which this procedure can be improved. This is the main thesis that should be discussed more closely.

The concept of plea bargaining means that a defendant accepts the accusation posed by prosecutors; in their turn, they may ask for a less severe sentence. Moreover, this person can be charged with a less serious crime. The main advantage of this approach is that it reduces the caseload which is a critical problem for many courts. This issue is also relevant if one speaks about prosecutors and state defense attorneys.

Very often, courts find it very difficult to develop a proper schedule, because they have to try a great number of cases. The situation can become even worse, if prosecutors and defendants are not allowed to make use of please bargaining (Fisher, 2003, p. 45). Overall, the adoption of this legislative act can produce detrimental effects on the work of the criminal justice system. This is one of the main pitfalls that should be avoided.

Moreover, one should keep in mind that for many defendants, plea bargaining can be a valid option, because in this way, they can often avoid incarceration. In turn, by cooperating with prosecutors, they will have more opportunities for re-integrating into the community. These are some of the benefits that should not be overlooked.

Admittedly, there are some pitfalls that are associated with plea bargaining. For instance, one can speak about possible violations of due process. Such situations occur when a person is not fully informed about the consequences of pleading guilty. Moreover, in some cases, a defendant can be bluffed into pleading guilty, even though there is no clear evidence against him/her. This is one of the risks that should not be disregarded. Additionally, sometimes prosecutors can be driven by the need to increase their conviction rates, rather than the desire to do justice (Schultz, 2009, p. 331).

However, these problems can be adequately addressed if lawyers and judges inform an accused person about the consequences of accepting the charges. Moreover, the task of a judge is to make sure that there is substantial evidence against a defendant. These are the main precautions that should be taken.

The proposed legislative act is based on the premise that plea bargaining enables many criminals to go free. Yet, this procedure should be applied only in those cases, when a suspect does not pose a serious threat to the community. Thus, one should identify the circumstances when the use of plea bargaining is permissible.

Overall, these examples suggest that plea bargaining still remains a valuable tool that legal professionals can use, even despite some of its limitations. Much attention should be paid to the increased caseload since this problem can undermine the efficiency of many courts. In turn, the task of legislators is to suggest ways in which one can reduce the risk of associated with plea bargaining. For example, they should concentrate on the prosecutors’ attempts to increase their conviction rates. There are approaches which can reduce the risks associated with plea bargaining, while the abolition of this procedure can undermine the work of the criminal justice system.

Reference List

Fisher, G. (2003). Plea Bargaining’s Triumph: A History of Plea Bargaining in America. San Diego, CA: Stanford University Press. Web.

Schultz, D. (2009). The Encyclopedia of American Law. New York, NY: Infobase Publishing. Web.

More related papers Related Essay Examples
Cite This paper
You're welcome to use this sample in your assignment. Be sure to cite it correctly

Reference

IvyPanda. (2020, June 18). Plea Bargain: Benefits and Pitfalls. https://ivypanda.com/essays/plea-bargain-benefits-and-pitfalls/

Work Cited

"Plea Bargain: Benefits and Pitfalls." IvyPanda, 18 June 2020, ivypanda.com/essays/plea-bargain-benefits-and-pitfalls/.

References

IvyPanda. (2020) 'Plea Bargain: Benefits and Pitfalls'. 18 June.

References

IvyPanda. 2020. "Plea Bargain: Benefits and Pitfalls." June 18, 2020. https://ivypanda.com/essays/plea-bargain-benefits-and-pitfalls/.

1. IvyPanda. "Plea Bargain: Benefits and Pitfalls." June 18, 2020. https://ivypanda.com/essays/plea-bargain-benefits-and-pitfalls/.


Bibliography


IvyPanda. "Plea Bargain: Benefits and Pitfalls." June 18, 2020. https://ivypanda.com/essays/plea-bargain-benefits-and-pitfalls/.

If, for any reason, you believe that this content should not be published on our website, please request its removal.
Updated:
This academic paper example has been carefully picked, checked and refined by our editorial team.
No AI was involved: only quilified experts contributed.
You are free to use it for the following purposes:
  • To find inspiration for your paper and overcome writer’s block
  • As a source of information (ensure proper referencing)
  • As a template for you assignment
Privacy Settings

IvyPanda uses cookies and similar technologies to enhance your experience, enabling functionalities such as:

  • Basic site functions
  • Ensuring secure, safe transactions
  • Secure account login
  • Remembering account, browser, and regional preferences
  • Remembering privacy and security settings
  • Analyzing site traffic and usage
  • Personalized search, content, and recommendations
  • Displaying relevant, targeted ads on and off IvyPanda

Please refer to IvyPanda's Cookies Policy and Privacy Policy for detailed information.

Required Cookies & Technologies
Always active

Certain technologies we use are essential for critical functions such as security and site integrity, account authentication, security and privacy preferences, internal site usage and maintenance data, and ensuring the site operates correctly for browsing and transactions.

Site Customization

Cookies and similar technologies are used to enhance your experience by:

  • Remembering general and regional preferences
  • Personalizing content, search, recommendations, and offers

Some functions, such as personalized recommendations, account preferences, or localization, may not work correctly without these technologies. For more details, please refer to IvyPanda's Cookies Policy.

Personalized Advertising

To enable personalized advertising (such as interest-based ads), we may share your data with our marketing and advertising partners using cookies and other technologies. These partners may have their own information collected about you. Turning off the personalized advertising setting won't stop you from seeing IvyPanda ads, but it may make the ads you see less relevant or more repetitive.

Personalized advertising may be considered a "sale" or "sharing" of the information under California and other state privacy laws, and you may have the right to opt out. Turning off personalized advertising allows you to exercise your right to opt out. Learn more in IvyPanda's Cookies Policy and Privacy Policy.

1 / 1