Charge bargaining is when the prosecuting attorney has the capability of negotiating with the accused Plea bargaining essay the charges that may be filed. The judicial system relies on plea bargaining in order to keep the criminal justice system going. Advantages and Disadvantages of Plea Bargaining An advantage for the defense attorney would be that there is less work involved and they still generally will Plea bargaining essay around the same amount of money.
We will write a custom essay sample on Plea Bargaining or any similar topic specifically for you Do Not Waste HIRE WRITER A plea bargain allows both parties to avoid a lengthy criminal trial and may allow criminal defendants to avoid the risk of conviction at trial on a more serious charge.
The main advantage for the prosecuting attorney is they are guaranteed a conviction and can modify the sentencing however they choose.
When there is a case that uses a plea bargain the judge is capable of getting through a case promptly in order to move on to the next case. This may mean that the defendant will plead guilty to a less serious charge or to one of several charges, in return for the dismissal of other charges; or it may mean that the defendant will plead guilty to the original criminal charge in return for a more lenient sentence.
Charge Bargaining and Sentence Bargaining Charge bargaining is a form of plea bargaining. There is a major disadvantage when it comes to the defendant, as soon as the defendant signs the plea bargain agreement and then pleads guilty in the courtroom in front of the judge he or she will no longer be able to file for an appeal.
The case will go as planned if the courts do not approve the plea bargain. A plea bargain can allow for the defendant to get out of a more severe criminal charge by pleading to a charge of a lesser degree. Crime A plea bargain is an agreement in a criminal case between the prosecutor and defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor.
With that being said plea bargaining can help to ensure that an alleged criminal is convicted. Minimal infringement of rights is acceptable for crime control.
Siegel, An example could be if the accused is pulled over for drinking while intoxicated and has a suspended license; the prosecuting attorney may offer the defendant a plea bargain of pleading guilty to the driving while intoxicated and dismissing the charge of driving with a suspended license.
Crime control is an effective way to ensure the safety for the communities.
For example, in the U. When it comes to the jail system and the prisons a plea bargain will limit the total amount of inmates that enter into the jails and prisons reducing their time in such facilities or might even suspend jail time and giving probation as part of the plea bargain.
There are also disadvantages when it comes to plea bargaining. Sentence bargaining comes in to play when the defendant accepts an agreement to pleading guilty in exchange for spending a less amount of time in jail or prison.
Siegel, An example of a sentence bargain could be if an individual is being charged of murder and they have the death penalty in that particular state; the defendant can plead guilty to the charges in return they receive a sentence of life in prison instead of receiving the death penalty.
Sentence bargaining is another form of plea bargaining. Standardized procedures allows for efficient processing of as many crimes and criminals as possible. A disadvantage of a plea bargain would be although the prosecuting attorney and the judge have an agreement, the final decision of the terms of the plea bargain has to go through the court system.
Due Process Due process in the criminal justice system, a plea bargain will most likely work in the favor of the criminal justice system.The judicial system relies on plea bargaining in order to keep the criminal justice system going.
When there is a case that uses a plea bargain the judge is capable of getting through a case promptly in order to move on to the next case. Free plea bargaining papers, essays, and research papers. My Account. Your search returned over essays This essay will present personal negotiation styles and means for improvement along with examples to follow.
[tags: bargaining, negociator]. Plea Bargains – Essay Sample. Prosecutors benefit from plea-bargaining because they are guaranteed to get a conviction while having a great deal of control over the sentence delivered. The court system backlog is tremendous as it is, but at least with the use of plea bargaining, judges are able to decide cases relatively speedily and take.
This essay has been submitted by a law student.
This is not an example of the work written by our professional essay writers. what is plea bargaining purpose it serves. Defense of Plea Bargaining article, “a plea bargain is a contract with the state.
The defense agrees to plead guilty to a lesser crime and receive a lesser sentence, rather than go to trial on a more severe charge where he faces the possibility of a harsher sentence.”.
Essay on Why Plea Bargaining in Criminal Trials is Important - Why Plea Bargaining in Criminal Trials is Important Screeech. That is the sound of our court system coming to a grinding halt, if plea bargaining were no longer utilized.Download