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Pros And Cons Of Plea Bargain

1857 Words8 Pages

Among the more controversial decisions issued by the trial judge’s the former Alberta MP Rahim Jaffer was being charged on cocaine possession and drunk-driving charges the plea bargain or charge bargain cases have frequently excited outrage and dissatisfaction with respect to casualties and puzzlement from those in common law nation where such activities are rare' Typically in such cases the Office of the Prosecutor (OTP) suggests a reduced punishment on a diminished arrangement of charges to the Trial Chamber in return for a liable plea and some level of participation by the litigant (Defendant). Furthermore the case of Rahim Jaffer was resolved with a plea-bargain agreement. Plea-bargain can appear as a sentence diminishment, a withdrawal …show more content…

Plea bargain offers many pros to both the prosecutors and the defendants. For a defendant, the major advantage of plea bargaining can be to take away the improbability of a criminal trial. Having defendants use the plea bargain law helps the prosecutors to handle more cases (Larson). Most defendants want to avoid risking getting a maximum sentence. Usually prosecutor’s possible (likely) use plea bargain to avoid a messy trial to stop from harming their reputation (Larson). Plea bargain also helps to reduce overcrowding. For those who are guilty, plea bargaining is more of an advantage to them. The plea bargain can be misleading if not used correctly. The cons about plea bargaining is the intention of being accused are giving up the right to have an amount of people hear all the evidence. Or even be able to test to see if the prosecutor’s evidence was lined up correctly with the defendants. Plea bargain had led to poor police investigations. They do not take the time to properly prepare their cases therefore the community does not get to hear the truth of what actually happened in the case. There are some plead deals that are made because the offenders are not plausible to do much jail time. This leads to the offender getting away with the crime they committed and most likely committing the crime again. It can mislead those who are guilty people from real innocent people who plead guilty to charges they did not commit, so they do not go to

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Prosecutors have the power to send offenders away which allows them to make harsh decisions. They offer plea bargains to offenders which often will enable them to do time in prison. Pfaff stated that "as long as prosecutors simply use the tough laws as a bargaining chip, not real punishment, legislators can reap the political benefits of looking tough on crime while avoiding difficult financial decisions" (Pfaff, 2017, P136). Prosecutors offer a plea bargain to get rid of cases quickly and not allow offenders to go to trial because they might receive more prison

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For the defendant, the most significant benefit to plea bargaining is to take away the uncertainty of a criminal trial and to avoid the maximum sentence. Society also benefits from plea bargaining since the agreements lessen court congestion and free up prosecutors to handle more cases. The Cons of Plea

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The courts have made few promises in which the prosecutor are required to keep the assurance of the agreement once it has been reached. the agreement should make sure that the defendants are aware of the consequences and that the pleas are made of ones own free will. Because it is less expensive and time consuming than a full scale trial, especially a jury trial, prosecutors can prosecute more people, be more productive in processing cases, and more effective in obtaining convictions through a guilty plea. Based on this efficient, “assembly line” type of justice system, the government can add more crimes to the criminal code so that the citizens’ life is even more controlled and regulated. Since pleading guilty eliminates the jury that would be impaneled for a full scale trial, judges, but especially prosecutors, gain much greater power over the conduct of the case, more control over the outcome of criminal cases, and are therefore more able to make defendants “offers that they cannot

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Another plea bargaining advantage is that it helps prosecutors deal with caseloads. The plea bargains can help the court and state manage the caseloads. Fewer trials means that the prosecutors can more effectively prosecute the most serious cases (Tapscott, 2017). Once a plea bargain is in place, the defendants save time and money by not having to defend themselves at trial.

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Plea Bargaining is the most effective tool of prosecutors to minimize the time required to obtain convictions. Around ninety percent of cases are concluded using plea bargaining. (Barkan and Bryjack, Page 2) This process moves cases through the system quickly and prevents the need to add more judges and court systems if these cases were to go to trial. (Barkan and Bryjack, Page 249) From the judge and prosecutors point of view, this is a necessary and effective method of managing caseloads.

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There are various arguments in support of plea bargaining; for example, it is beneficial because it helps the state and the court contribute with caseloads. This process allows the prosecutor’s work load decrease; this lets them prepare for more dangerous trials and leaving the easy charges to settle through. “A quickly reached plea bargaining may give victims the satisfaction of having the case closed quickly; in addition, victims may not want to testify or risk the possibility that the prosecution will not succeed in obtaining conviction(Seigel).” Because trial cases are congested to schedule, plea bargaining helps the scheduling process less jammed. The main advantage for someone accepting a plea bargaining is that a judge can ease the need to schedule and hold a trial on an agenda that may already be overloaded.

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Because of the practical benefits of plea bargaining, it is doubtful it will be eliminated anytime soon. It helps the Court and State to manage the caseloads (Worrall & Moore, 2014). It reduces the work load of the prosecutors enabling them to prepare for gravest case by leaving the effortless and petty offences to settle through plea bargaining. It is also a factor in reforming the offender by accepting the responsibility for their actions and by submitting them voluntarily before law, without having an expensive and time consuming trial (Worrall & Moore,

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