Plea Bargaining Issues - Essay Example

Plea Bargaining Affiliation with more information about affiliation, research grants, conflict of interest and how to contact Plea Bargaining Define Plea Bargaining. A plea bargain is a type of agreement in a criminal case between the defendant and prosecutor, in which the defendant of the case agrees to plead the guilty party to a particular type of charge in return for some dispensation from the prosecutor. This may also denote that the defendant in the case will plead for a less grave charge or to any one of the numerous charges for the guilty party, in return for the discharge or dismissal of other charges. Sometimes the defendant also pleads for his client with the original criminal charge in return for a more lenient sentence. A plea bargain permits both parties to keep away from a long criminal trial and may permit criminal defendants to stay protected from the risk of conviction at trial on a more grave charge. For instance, suppose there is a defendant of a criminal case charged with a crime robbery, the conviction of which would need imprisonment in state jail, he or she may be offered the chance to plead the guilty party to a misdemeanor robbery charge, which may not carry jail time. Plea bargaining is “the process whereby a criminal defendant and prosecutor reach a mutually satisfactory disposition of a criminal case, subject to court approval” (Plea Bargaining 2012 para. 1). It can conclude a particular criminal case without a proceeding or a trial. It becomes successful when plea bargaining of the case results in a plea agreement between the defendant and prosecutor. In this agreement, “the defendant agrees to plead guilty without a trial, and, in return, the prosecutor agrees to dismiss certain charges or make favorable sentence recommendations to the court. Plea bargaining is expressly authorized in statutes and in court rules” (Plea Bargaining 2012 para. 2).  Distinguish between charge bargaining and sentence bargaining. Plea bargaining in fact involves three parts of negotiation. Charge bargaining and sentence bargaining are among the two elements of this negotiation. Charge Bargaining: This is generally a known type of plea. It engages a negotiation of the particular charges (counts) or offenses that the defendant of the case will face at the proceeding or trial. Generally, in return for an appeal of "guilty" to a smaller charge, the prosecutor of the case will dismiss the superior or other charge(s) or counts. Example, instead of discharging charges for a first-degree murder, a prosecutor may admit a "guilty" appeal for manslaughter. Charge bargaining plays an empirically significant role in determining outcomes of the sentencing. In this type of bargaining, the defendant of the case pleads guilty in exchange for reducing the charges. Depending on the seriousness of the initial charge of the case, the only one who stands to achieve from charge bargaining is the accused or the defendant for the reason that in some instances it can be the thin line between life and death. Sentence Bargaining:  Sentence bargaining engages the agreement to make an appeal of guilty (for the affirmed charge rather than a decreased charge) in return for a lighter sentence. It puts aside the prosecution, the need for participating in the course of trial or proceeding and proving its case. It offers the defendant with the chance for a lighter sentence. In sentence bargaining, the defendant of the case pleads culpable in exchange for a lighter sentence, which may consist of spending a shorter period in prison, probation, a counseling plan, or be placed in various types of rehabilitation center. • Compare and contrast the advantages and disadvantages of plea bargaining. The advantages and disadvantages of plea bargaining are quite obvious. They can be relevant to the individual defendant trying to decide if a bargain is the greatest method to go with. Lawyers on mutual sides of a criminal trial too accumulate advantages and disadvantages when they bargain. Essentially, the criminal method is influenced by plea bargaining also, in good and bad ways. When an individual is charged of a crime, there is a good chance that their lawyers will try their best to work out a deal. In plea bargaining, the defendant freely pleads guilty to a crime smaller than the one for which he has been charged.  When there is powerful data of a crime being committed, the person can be happy to admit to a less serious crime, other than the not guilty person may not be so satisfied. He would still claim fault for a crime not devoted and that could have serious consequences. The innocent person can opt instead to ask for a judge’s trial, other than that there may be effort from lawyers to avoid this, although eventually it is the accuser’s right to decide a plea. The lawyer of a defendant may be most persuasive if the plea denotes no jail time. Sometimes, even with no imprisonment, an innocent person might have just admitted to an offense that he or she did not commit. This can mean carrying an illegal record, paying huge amounts as fines or being on probation regardless of being innocent. There are a number of advantages or disadvantages of plea bargaining when it comes to criminal courts. These are overcrowded places that frequently welcome bargains because it means not having to plan a trial, which makes things a lot easier. However, it is also argued that there are problems when a lot of criminal cases being settled by plea, may not sometimes be dealt with justice and may be sidestepped with convenience. In countries right to a judge’s trial is seen to be sacrosanct, so the busyness of a court must not be measured. Some consider defending the innocent should never “plead down” and instead must always be given a judges trial. • Describe how plea bargaining reflects or thwarts the crime control and due process models of criminal justice. A plea bargaining is a contract in a criminal case whereby the prosecutor offers the defendant a chance to plead guilty, generally to a smaller charge or to a single criminal charge with a proposal of a lighter sentence. A plea bargain permits criminal defendants to avoid the risk of certainty at trial of the original more serious charge. For instance, a criminal defendant charged with a crime theft charge, the certainty of which would need incarceration in state prison, possibly is offered the chance to plead guilty to a wrong theft charge, which does not carry jail time. In case, for example, an automobile crash where there is a possibility for civil liability in opposition to the defendant, the defendant can agree to "guilty with a civil reservation" or plead no contest, which fundamentally is a guilty plea with no admitting civil liability. “Plea bargains reflect underlying systemic philosophy. In inquisitorial system countries, adjudication is seen more as a vehicle for policy implementation, which requires a determination of facts” (Strier 1994 pg. 213).  Plea bargaining could present a dilemma to defense attorneys, in which they have to prefer between energetically seeking a good deal for their current client, or sustaining a good connection with the prosecutor, for the sake of assisting future customers. Reference List Plea Bargaining (2012). The Free Dictionary. Retrieved from < http://legal-dictionary.thefreedictionary.com/Plea+Bargaining> Strier, D, Franklin (1994). Reconstructing Justice: An Agenda for Trial Reform. Greenwood Publishing Group. Read More