The Pros And Cons Of Plea Bargaining

Our arguments against plea bargaining were based on the fact that it removes a fundamental Constitutional right from defendants, the right to a fair trial. There are many different reasons to be against plea bargains, and they all stem from this singular idea of denial of fundamental rights. It is clear that “…plea bargaining has undercut the goals of legal doctrines as diverse as the fourth amendment exclusionary rule, the insanity defense, the right of confrontation, the defendant’s right to attend criminal proceedings, and the recently announced right of the press and the public to observe the administration of criminal justice,” (Alschuler, 1983). The process of plea bargaining strips defendants of these rights and defenses and opens the

A research study from Loyola Law School concluded that “prosecutors use race to judge whether a person is likely to recidivate when deciding what plea to offer,” and was one of many studies that found evidence for racial disparities in plea bargaining that unfairly impacted black defendants (Borchetta & Fontier, 2017). This unfair treatment in the plea bargaining process, along with the unfair treatment of black Americans in other parts of the criminal justice system, creates a distrust amongst black Americans for the criminal justice system. The distrust and negative point of view “…leads black defendants to bargain with a more pessimistic estimate of how they will fare as compared to white defendants, placing them in a worse bargaining position and resulting in overall worse…bargains,” (Savitsky, 2012). So, building off of the first point, not only does the plea bargaining process strip defendants of their rights, but it also then sets black defendants at a distinct disadvantage compared to their white

One of the best quotes I found on the motivations behind the use of plea bargains comes from former President Jimmy Carter, in which he points out that “In many courts, plea‐bargaining serves the convenience or the judge and lawyers, not the ends of justice, because the courts lack the time to give everyone a fair trial,” (“Excerpts from Carter’s Speech to the Bar Association,” 1978). The plea bargaining system is convenient, not just. Plea bargains are not negotiated for the best interest of the defendants, but for the prosecutors and judges looking to funnel cases out of the courthouse as quickly as possible. This lack of care for the defendant obviously leads to mistakes. Eighteen percent “of known exonerees pleaded guilty to crimes they didn’t commit,” (Why Innocent People Are Pleading Guilty, 2018). This occurs because defendants are forced to weigh the costs of going to trial and the possibility of a worse sentence that comes with that choice, and pleading guilty even if they are innocent. Often, the certainty of a plea bargain is more attractive than the uncertainty of a trial, even for an innocent person. Though it is efficient and moves cases through the system, this is simply not