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Essay topic: Plea Bargaining
Essay On The Topic: Plea Bargaining
Length: 7 pages (2150 Words)
This research paper surveys the practice of plea bargaining in the judicial systems and the corresponding impacts it has on the system. This paper takes an in-depth look at benefits and disadvantages presented by plea bargaining in the criminal justice system. In so doing, this paper examines various examples of plea bargaining instances.
The American Criminal Justice System is no stranger to plea bargaining. Plea bargaining refers to a situation where the prosecutor and the defendant come to an agreement whereby the defendant pleads guilty to a case so that he or she can be given a concession or a lesser sentence. (Moriarty and Main) Plea bargains often occur after a careful analysis and acknowledgment of the strengths and weaknesses of a case. This must, however, be a mutual agreement from the prosecution’s side as well as the defendant’s side. In the US, plea bargaining accounts for about 90% of all criminal cases and does not always reflect the justice aspect of the judicial system. There are various types of plea bargains depending on the situation at hand. Charge bargains are the most common form of plea bargaining whereby a defendant can plead guilty to a lesser charge but only if the “greater chargers” are dropped by the prosecution. This mostly happens in murder cases where the defendant pleads guilty to manslaughter and the murder charges are dropped. Sentence bargaining is another form of plea bargain whereby the defendant pleads guilty to the stated charge in exchange of a lesser sentencing than would have been if he or she had not pleaded with the prosecution.