Plea Bargaining or Plea Agreements Term Paper

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Bargaining or haggling agreements are mostly associated with trade when a buyer is looking for a good bargain, whereas a seller is attempting to sell his goods at a higher price. The justice system also has a term ‘plea bargaining’ or plea agreements where a prosecutor sits down with the defendant to talk over the terms of the deal in order to reach the most beneficial outcome for both of them. The prosecutor’s main goal is to reason with the defendant so that he would plead guilty, as this would allow for relieving the over-loaded court system. The defendant, should he accept the deal, will get a less severe sentence thus, both parties will be in the win.

This system has long become a part of the US justice system, with arrests skyrocketing, the court system is unable to process them in a timely manner (Koppel, 2000). With shopping bargains, buyers have a choice, with plea agreements however, defendants are under mounting pressure to give in to the prosecutor’s terms. Refusing to accept a plea bargain may result in a harsh sentence and lengthy trial, the situation is especially tough for repeated offenders.

It is true that plea agreements are instrumental in saving the state’s money and resources when the case does not go to trial. The flip side of the coin is a rather alarming number of reports of innocent people pressured into accepting the plea bargains and going to jail. There have been reports of over-enthusiastic police who were fabricating the evidence to arrest the alleged criminals and close the case (Koppel, 2000). Plea bargains, although a part of the justice system compromise the fairness of the legal system. Prosecutors are mostly interested in obtaining the guilty verdict and plea agreements give a shortcut for getting them bypassing lengthy procedures. However, the shortcuts and loopholes in the justice system result in innocent men spending years behind bars. More worryingly, it becomes increasingly difficult for defendants to go against the justice system, and people choose to avoid engaging in arguments with the justice system (Koppel, 2000).

The plea bargain agreements have a negative effect on the juvenile justice system. When a young offender commits a minor crime based on a childish whim, it will leave a negative history and a criminal record. The danger is that the prior offender may truly repent the committed crime and live an honest life. However, if he is wrongfully accused later in life, the entire justice system will be biased against him, and the prosecutor may put pressure into accepting a plea bargain as an alternative to appearing before the jury and facing a harsher sentence.

The system of plea bargaining is far from being perfect. Firstly, true criminals receive soft sentences which are not in line with the severity of crimes they have committed. Secondly, innocent people who were accused on wrong charges are under pressure to accept plea agreements so that they could choose the lesser of two evils – a short sentence, instead of a long jail period.

With all the shortcomings, it appears that the system of plea bargaining has a long future. The number of criminal cases has increased dramatically since the 1980s and there simply aren’t enough human resources to process all of them. Given all the ramifications of the plea bargains, especially reports of the innocent being jailed, the plea bargaining system needs to be restructured in a way to offer a more fair trial process.

Reference List

Koppel, T. (Host), & Floyd, J. (Reporter), & Cordell, L. (Interviewer). (2000). Crime And Punishment. [Special Program]. New York. United States: ABC News Home Video

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