Summarize the arguements for and against plea bargaining - Essay Example

Arguments for and against plea bargaining al Affiliation) Plea bargaining is a common process in the United s. This process entails a circumstance in which a defendant of a case pleads guilty to get a lesser sentence. This process is very complex and takes different forms depending on the situation at hand or case. First, there is charge bargaining which refers to the situation in which a prosecutor of a case bargains the terms of the charges with the defendant. Then there is the sentence bargaining which refers to the situation where a defendant pleads guilty to get a lesser sentence.

The last type is the count bargaining. In this type of bargaining, the defendant pleads guilty to get fewer counts on the offense they are charged with. The bargaining processes are usually voluntary and it does not always result to an outcome that is desired by both parties. Arguments for Plea BargainingThe plea bargaining practice is widely supported by the American judicial system due its importance in terms of saving costs incurred during trails alongside its many benefits on the court system.

The plea bargaining practice benefits many stakeholders in the courtroom. First, it assists the prosecutor in disposing off a busy and complex caseload. Many prosecutors have limited resources within their access. It is therefore very hard to prosecute all the cases that come before them. Due to this fact, these prosecutors may decide to push forward the cases that have public elements through the rigorous court procedure while going for plea-bargaining on the ones that do not look very promising and do not have much public significance.

The defense attorney also benefit from the plea-bargaining. Most of these defense attorneys are public attorneys who offer their services to defendants of criminal cases. They also face resources constraints such as the ones prosecutors face. This implies that plea-bargaining benefits this type of attorneys by facilitating quick disposal of cases. The outcome of this process is more payment by the defense for less work done by the defense attorneys.The plea-bargaining process benefits the defendant more than it does to both the prosecutor and the defense attorney.

This is because it results to the defendant getting a lesser charge as compared to the one that they could get. The plea-bargaining processes also benefits the court since it saves its resources. The reviewing of plea bargaining is simpler and easier as compared to the full trial of a case.Arguments against plea bargaining There are several problems associated with plea bargaining process. First, the prosecutor will always start the bargaining process on a more serious sentence. This will make the defendant to view their situation and in therefore they will be forced to pick a lesser sentence that the prosecutor may offer.

In many incidents, the defendant ends up picking a more serious sentence than the one that they would get on full trial. Plea-bargaining also contributes to inefficiency of the defense attorneys while undermining the integrity of the judicial system of the country (Thomas J., 2014)..ReferenceThomas J., G. (2014). Criminal Procedure: From First Contact to Appeal (5th Ed.). Prentice Hall.