This Is A Reflection Of An Article About Plea Bargaining (Essay Sample)

IN DEFENCE OF PLEA BARGAINING
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The justice system has undergone changes over the years including the alternating use and withdrawal of plea bargaining as an alternative to the jury trial. Plea bargaining is a government contract where the defendant pleads guilty to a lesser charge instead of a heavier sentence if the case goes through a jury trial. The system has received both criticism and applause from different people in the legal system. Thus, despite the evil associated with plea bargaining, it is a vital constitutional element that improves the speed and efficiency of handling disputed trials as compared to its alternatives.
I understand the level of criticism imposed to the provision of Plea bargaining as a tool of negotiating a settlement of justice. Consequently, it is considered to be an “evil” in the judicial system. As such, they claim that first, the process alienates the rights of a defendant to a jury trial for a lesser settlement: plea bargaining. Thus they claim that this approach is used by the judicial system to evade the long jury process while denying the defendant the right to trial. Secondly, those who refuse to testify under the plea bargain and are found guilty in the jury process consider their sentence as a punishment for the plea rejection.2 Thirdly, the disparity in the verdict of the jury system if proven guilty, and the plea bargain, persuades the defendant to settle for the latter. Consequently, this majorly benefits those who are guilty of an offence while punishing innocent defendants who are afraid of the jury system.3 Fourthly, the procedural approach of plea bargaining suffers criticism. For instance, the defendant is not given access to evidence levelled against them which might be questionable and result in an impeachment of the trial.4 Therefore, the defendant ends up pleading guilty while the trial process may have proven them innocent. However, despite this criticism I support the constitutionalism of plea bargaining.[Sandefur, Timothy. "In defense of plea bargaining." Regulation 26 (2003): 28. Ibid.Ibid 26.Ibid 28.]
I concur with the argument of the author concerning the necessity of plea bargaining. I know that some cases are difficult to pursue. There are instances where the evidence collected by the prosecutor is only circumstantial and cannot support a case. In such instances, the prosecutor can evoke the benefits of plea bargaining to gain a settlement for justice. In these cases the necessity of plea bargaining is evident. Similarly, the prosecutor may dedicate resources to settle such a proceeding to no avail. Consequently, such an approach is a waste of a time and federal resource. As such, a plea bargain brings efficiency and speeds up the course of justice. On the other hand, plea bargaining is a provision of the constitution and maintains its legitimacy in the judiciary processes. Therefore, it is not co...