When plea bargains all began, it was being done for good reasons. For example: Plea bargains were being offered to convicted murders who would give up information on other unsolved murders that they were apart of, and in return they would receive a life sentence instead of the death penalty. Which would give many other families closure for their missing loved ones. Nowadays, it seems plea bargains are just being used as a way to save money and not go to trial. Which in all reality is NOT serving justice.
Plea bargaining fundamentally undermines the law. It puts the principle of justice in the hands of the guilty, and unnecessary fear in the hearts of the innocent. Guilty criminals are receiving outrageous, minimal sentences because of the financial strain on the judicial system in the US. Does this provide fair justice to victims and the people, no, it makes the process cheaper and diminishes the principle of retribution. Plea bargaining also puts the power of assigning retribution to prosecutors, and therefore allows for all forms of bias and corruption. Since when was the pursuit justice about money? Shouldn't justice always be about achieving justice?
Plea bargins undermind the criminal justice system, by allow defendents to get off with lessor sentencing and in some cases no jail time at all. But meanwhile the victims are the ones who suffer a great loss, because of this. Criminal seem to have more rights than their victims do.
Prosecutors charge defendants and get the grand jury to indict. The text of an Introduction to Criminal Justice Class I took says that "a grand jury will indict a ham sandwich," so it's not hard to indict innocent people on trumped up charges. The prosecution gets these charges on people that would NEVER be able to stand up in court and they do not have the evidence to back up the high charges they are accusing the defendant of. That's why when they offer a "deal," which is usually a lot lower and fewer charges than what a defendant began with, it seems like a break and a defendant takes it because they don't want to risk trial and being found guilty of the higher charges. If a prosecutor cannot prove a defendant guilty of that crime they are charging them with they shouldn't be allowed to charge that person at all. It's sick and absolutely distasteful.
Plea bargaining. It is necessary. Without it, our courts would overrun with cases, the cost would immediately shoot through the roof, and our jails would be filled to the brim with inmates. And yet, it is not right. Criminals are getting a lighter sentence than is deserved, and the victim's feelings are being treated in a less than stellar manner.
The criminal justice system can be compromised to allow room for the law to be exercised fully, depending on the circumstances of a case. Most people do not realize that a plea bargain is the best offer, in some cases, because it could give a second chance to someone who may have received a harsher sentencing if they were to go to trial.
Plea bargaining is unfair for the criminal justice system, especially for the victim. The victim did nothing wrong, but their assailant is able to serve just a tiny fraction of time, or not at all, by pleading guilty to a lesser charge. The criminal should have to go to trial and face the full set of charges to truly pay for their crimes. Otherwise, the criminal justice system is telling people that you can commit crimes, and then only be held responsible for a small portion of that crime.
Plea bargaining undermines the criminal justice system, because it actually stops it from happening. Instead of putting the guilty in jail, they get deals for less time, or no time. In a recent case, 6 of 10 suspects were being offered plea bargains, and yet the case was pretty open and shut. This is not justice. This is a slap in the face of what it's supposed to be.
Hard criminals,don't get the max sentences they deserve and therefore the justice system re-victimizes all victims that these criminals have violated. Law breakers laugh at the rights they are given and they don't deserve any breaks in sentencing periods. Laws should be punishable with absoluteness and no cushions allowed. You do the crime then you do the the full time with no exceptions other than the right to appeal. Toughen up the sentencing and give true justice to the victims who are law abiding citizens and contribute to the wellness of this planet!
The constitution comes with protections against a government that wishes to bring charges against them to deprive them of life, property or freedom. The plea bargain system coerces people into waving those rights or face a stiffer punishment.
It hits those without the resources to defend themselves the most and is what allows the war on drugs to continue without simply grinding the courts to a stop with American lives.
The only good thing plea bargaining does in the United States is get a lot of trails out of the way (97%)!
Just because something is efficient does not make it good! In fact it usually is a red flag that something wrong is going on... Plea bargaining simply lets criminals get away with committing crimes...
97 percent of all cases end in a Plea Bargin. Under the Plea Bargin system the judge never hears about the testimony of the police or witnesses. This gives the police the freedom to say what ever they want to get charges filed. This is not acceptable. The police know the odds of a poor suspect obtaining a good attorney and a trial are almost zero and therefore they can say whatever they want in the police report so the DA will prosecute. It is unfair to those who do not have money to defend themselves.
I personally have met a girl who found me in my parking lot at work, crying, in shock, and bruised all over her body. When I called police and ambulance to come assist her, my statement as to what I witnessed was taken, and later I was called in to testify in trial. Since the police force were frequent customers in my establishment, I received updates as to what happened that night. The girl who dragged herself to me was raped, by what they could account for, 10-15 men in a single night. When I went to court to give my testimony, I found all charges were dropped against all other men involved, due to one man plea bargaining his way out of higher charges. This is not justice. This is not our system working for the people. This is a girl who will never get those images and memories out of her head for the rest of her life, while a dozen men get to sleep free and easy after the horrific things they had done to her, and possibly many others.
Pleas give prosecutors the edge to convict innocent people because prosecutors know many people, especially the innocent and those with little financial resources, don't want to take even the slightest chance of a full conviction on the charges that they may been brought before them, so they take a plea even when innocent. Yet, on the other hand if prosecutors knew that they would have to take every case to trial without the hope that the accused will take a plea, prosecutors would look harder at the facts before deciding to press charges.
I have been the victim of violent crimes. Both of the times I have been the victim there was a plea bargain handed to the defendant. In one case the defendant was an already convicted sex offender that was already violating the requirements of their registry status. They ended up serving only a year and a half for a second rape. He is now back in prison for his 3rd rape.
My cousin was murdered five years ago by two men. One only got 15 years in prison. The other got away completely because of a plea bargain. He snitched on the other guy, and that was all it took for him to "legally" kill someone. If there is no punishment, then technically even if you get caught, it's not wrong. Criminals already feel that way to begin with. Do we really need one more thing to influence their opinion on right and wrong? I think not.
I feel that the plea bargaining is a good thing for those who are guilty of the crime they are charged with committing. I would not expect an innocent person to plea bargain for something that they did not do. I am in favor of plea bargain because it also saves a lot of time and money. It also helps the victim by not having to appeal in court.
Plea bargaining is the criminal justice systems way of keeping a steady flow of human beings to sustain itself. Prosecuting attorneys thrive on the guilty verdict that's their job. Team the prosecuter with most public defenders and you have mass plea bargaining and the system rolls on. Save our Children Stop the War in Drugs!
The notion of "innocent, until proven guilty" is nice in theory but, in reality, the courts are filled with prosecutors trying to get as many convictions as possible, regardless of whether or not they feel the defendant being prosecuted is truly guilty. On top of that, the prison system is laughably awful, and is all but guaranteed to do more harm than good for anyone incarcerated. The very fact that people would even think that plea bargaining, of all things, is a major flaw in the justice system just tells me that most people are oblivious to how unfair the justice system really is towards the accused.
In some areas, crime rates are very high. While it would be nice for a defendant to receive a jury trial in all cases, this is an impractical solution in the inner city. In many cities, citizens are called every year to serve on a jury. In most cases, a plea bargain happens before a jury is even called. If this was not the case, citizens would have to serve on multiple juries throughout the year, taking them from their jobs, home lives, and other daytime activities. While jury duty is a noble endeavor, serving on a jury several times a year would be too onerous for most citizens to endure.
Plea bargaining allows the criminal justice system to process cases more efficiently. The backlog of cases make it a necessity. Specifically, in cases where evidence is marginal, or the outcome is uncertain, the use of plea bargains allows for the swift adjudication of cases that would otherwise unnecessarily take up the time of the courts, lawyers, and citizens appointed to a jury. The use of plea bargains also allows for the recognition of the spirit of the law, and not just the letter of the law. Quite often, first offenders are allowed to plead guilty to a lesser charge, rather than suffering the full consequences for an indiscriminate mistake in judgement. On the whole, plea bargaining is not only a useful tool, it is a necessary element of our criminal justice system.
Plea bargaining is a pragmatic method of streamlining the justice system. Prosecutors and defense attorneys, who have the experience to judge the likely outcome of a long and expensive jury trial, reach an agreement where both sides compromise on an outcome to conserve resources and to avoid the risk of an unexpectedly bad trial outcome. While objections to a process that generally reduces punishment of criminals are understandable, one should recognize that a plea bargain frees up prosecutors and their resources to tackle other cases. Another legitimate concern is that defendants who can't afford strong representation might be bullied into accepting a plea bargain even when they are innocent. While such an outcome is possible, we know that innocent defendants (especially those without strong defense attorneys) can be convicted in full jury trials, too.
Plea bargaining allows for prosecutor, defense attorney, client, judge to come to agreement on sentencing. If every crime or offense went to trial by jury, things like shop lifting would cost taxpayers twice as much. Sometimes prosecutors do not have enough evidence beyond reasonable doubt, or things become thrown out of court. Without plea bargaining, lesser criminals may get over-sentenced and violent criminals under-sentenced. It is a necessary medium to ensure criminals get a punishment that fits the crime.
I think plea bargaining does not undermine the criminal justice system, because it provides relief to an already overloaded system. There are already so many cases waiting to be heard, plea bargaining makes it so that cases don't have to carry on for a long time in the court room. If plea bargaining were abolished, the criminal justice system would become overburdened to the point that it could not function.
Plea bargaining in no way undermines the judicial system. Plea bargaining allows criminals, that are sometimes one-time offenders, plea down to lesser sentences, instead of shoving more inmates into the already overcrowded prison system. Although plea bargaining is not for everyone involved in a crime, sometimes it allows for that second chance needed to turn a person around.
Plea bargaining is here to stay--make no mistake about that.
It has been said that our Justice System is like a balloon. If you restrict it in one area, it will just bulge out in another area to compensate.
When we criminalized the use of drugs, we invented plea bargaining. Our courts, prosecutors, public defenders, could no longer handle their cases by taking them to trial--they did not have the time/resources to do so.
Enter plea bargaining. Instead of taking a case to trial all parties sit down in an interview room and agree on a charge and a sentence.
This impacts the Justice System in several ways: courtrooms and judges are used minimally, as are the time/resources of the prosecutor and defense attorney. Since these sentences are lighter, the burden on our prison system is lighter. These are all good things.
If there is concern that criminals are "getting off" lightly, it's been noted that arresting officers and prosecutors usually charge offenders with the most serious offenses possible in order to have "wiggle room" during plea bargaining.
Plea bargaining is here to stay--it is not undermining the Justice System--it is a tool that has become part of the system.
Plea bargaining expedites the criminal justice system by speeding up the process and reducing costs. Trials are very expensive and time consuming. Once the trial is over and the suspect is found guilty, a longer sentence is imposed, resulting in higher housing costs for prisoners. If the convicted person re-offends, the first conviction is taken into consideration at sentencing time.
On the one hand it helps considerably to ensure the courts are not completely clogged with trails. There are a lot more arrests then there are cases and without plea bargaining there would be an enormous amount of cases going to court and that is just a load that they would be unable to handle. Plea bargaining assists the courts and makes the justice system much more efficient, however, I do not think that the sentences bargained for a severe enough. Plea bargaining is necessary but it just needs to be handled better. It is unacceptable for someone who has committed murder to get away with, say, manslaughter etc. These sentences are just not harsh enough.
On one hand the defendant may not be getting punished hard enough, but on the other, more important hand, plea bargaining is the only thing that prevents our justice system from being crippled. Without it, every case would go to trial, and that's a load that our courts and prisons just can't handle. There are more arrests every day that court cases, and the trials obviously take longer. It would be impossible for the courts to keep pace with arrests.
No, because plea bargaining makes the criminal justice system more efficient. Plea bargaining allows the criminal justice system to process cases more efficiently. The backlog of cases make it a necessity. Specifically, in cases where evidence is marginal, or the outcome is uncertain, the use of plea bargains allows for the swift adjudication of cases that would otherwise unnecessarily take up the time of the courts, lawyers, and citizens appointed to a jury. The use of plea bargains also allows for the recognition of the spirit of the law, and not just the letter of the law. Quite often, first offenders are allowed to plead guilty to a lesser charge, rather than suffering the full consequences for an indiscriminate mistake in judgement. On the whole, plea bargaining is not only a useful tool, it is a necessary element of our criminal justice system.