Plea Bargaining - Assignment Example

Plea Bargaining Plea bargaining is a process in criminal trials where the defense and the prosecution discuss the possibility of coming up with an agreement that benefits both parties to the case. When it is successful, there is a plea bargain deal which is then submitted to the court for approval. Plea bargaining plays a very significant role in our criminal justice system. It is a win-win formula for all parties involved in the case, including the trial court hearing the case because a successful deal means one case less on their overcrowded dockets.

On the part of the prosecution, the advantage is the assurance of having a conviction, albeit for a lesser crime or minimal penalty, over the possibility of the accused walking off with an acquittal. On the part of the defense, the benefit is the chance of being convicted to a lesser offense or for the same offense for a significantly lighter penalty over the possibility of a conviction on the original charge and for the maximum penalty [Premo v. Moore (Docket No. 09-658)]. Finally, especially for high profile parties to case, a plea bargain avoids prolonged trial which means less publicity and media frenzy.

It is admitted that a criminal prosecution is an action of the State and the prosecutor represents the State; nevertheless, the victim needs to be consulted in the process of plea bargaining. The victim suffered from the criminal act and will have difficulty in overcoming the trauma and in moving on if he still feels that he has never been truly vindicated with the plea bargain deal. I agree with plea bargaining. Although it is never a perfect system, it sure does make the wheels of our criminal justice system move forward for the common good.

Reference List: Jeff Premo v. Randy Joseph Moore, Docket No. 09-658. Accessed on May 26, 2011. Available at http://www.supremecourt.gov/opinions/10pdf/09-658.pdf