What Are the Pros and Cons of Plea Bargaining?
The pros and cons of plea bargaining can be seen in multiple ways. They may apply to the individual defendant trying to determine if a bargain is the best way to go. Lawyers on both sides of a criminal trial also accrue benefits and disadvantages when they bargain. Actually, the criminal system is affected by plea bargaining too, in good ways and bad.
When a person is accused of a crime, there is a good chance that their lawyer and the prosecuting attorney will attempt to work out a deal. In plea bargaining, the defendant willingly pleads guilty to a crime lesser than the one for which he has been accused. This means that no trial will occur and the defendant is convicted of a crime after entering a plea of no contest or guilty.
When there is strong evidence of a crime being committed, the person may be happy to admit to a less serious crime, but the innocent person might not be so pleased. He would still claim guilt for a crime not committed and that could have serious ramifications. The innocent person may choose instead to ask for a jury trial, but there can be pressure from lawyers to avoid this, though ultimately it is the accused's right to choose a plea. The defendant’s lawyer might be most convincing if the plea means no jail time, but even without incarceration, an innocent person may have just admitted to a crime that he/she didn’t commit. This could mean carrying a criminal record, paying a lot in fines or being on probation regardless of innocence.
The defense attorney benefits from plea bargaining by avoiding the expense of a trial. He also reduces the charges against his client. On the other hand, he doesn’t get to prove the innocence of a client and may occasionally try to convince people to plead guilty when they are not.
Prosecutors want to convict people charged of crimes, but they have huge caseloads and not enough time to prosecute every accused person in a trial. Bargaining delivers a conviction, but it may not be the strongest conviction possible. Usually prosecutors prioritize trying exceptionally horrific cases, but will be more willing to negotiate crimes that carry less weight.
There are a number of pros and cons of plea bargaining when it comes to the criminal courts. These are congested places that often welcome bargains since it means not having to schedule a trial, which just makes things busier. Yet, it’s argued that a downside to many criminal cases being settled by plea is that true justice, which is the responsibility of the court to carry out, may be sidestepped in favor of expediency. In countries where right to a jury trial is considered sacrosanct, the busyness of a court should not be considered. Some believe all defending their innocence should never “plead down” and instead should always be given a jury trial.
Written by Tricia Ellis-Christensen
