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Research Assignment Paper: Plea Bargaining Benefits (Essay Sample)
Instructions:
Was to DESCRIBE how one pleads in a court of law
source..Content:
Plea Bargaining
Name
University
Plea Bargaining
Plea bargaining is the negotiation and consent that will be entered into between the one accused and the prosecutor expecting some perceived benefits for the two sides. The one accused will agree to plead guilty to one or more of the charges as a precondition to get the more serious charges dropped or have a reduction in the expected sentence. There are those who feel that this particular stance is not fair asserting that it goes against the real objectives of the justice system. In this paper I am against banning of plea bargaining and will present my reasons for the same.
A ban on plea bargaining would affect several people and institutions along the way. The judges’ time will be taken up by cases which would have lasted for a shorter time (Worrall & Moore, 2014). The defendant will go for a full trial and would defend self against the accusations leveled against him by looking for the best way to maneuver around the case. The prosecutor will have a difficult time as opposed to the use of plea bargaining because he will have to prove his cases beyond reasonable doubts. The prisons will be overcrowded by people who would have spent a lesser duration behind bars. Worrall and Moore (2014) contend that the tax payers would be more strained by the government through the funds that it is spending in maintaining the ones convicted which would have been lower when plea bargaining is utilized.
There are numerous strong valid grounds why plea bargaining should not be proscribed and if it is banned then various stakeholders will be adversely affected (Worrall & Moore, 2014). The main one is the reduction of case loads as the prosecutor, state that the court systems have to deal with. They therefore can direct their time and efforts in dealing with cases of a more serious nature. The judges are aware of the strain in the jails due to the high numbers of convicts and therefore if they take it positively they will be assisting to decongest them. Furthermore, Worrall and Moore (2014) agree that the judge will close cases much faster and have time for others and there will not be any need of scheduling and revisiting such cases which ends up clogging the court system. The offenders are quick in reforming in that they realize the crimes that they committed and own up with an objective of looking forward to joining the rest of the members of the community as reformed citizens. The accused persons can be used as witnesses leading to quick convictions against other related cases involving other parties.
A ban on plea bargaining will have some negative implications on various aspects of the criminal justice system. The ones charging will exercise extra caution as the ones involved may not take it easily knowing that they are not likely to get into plea bargaining. The sentencing will be difficult in that the defender will take time and effort to prepare a comprehensive defense through which he will try to exploit any existing loop holes of the l...
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