Plea- bargaining is something that is happening in our court systems every day. Plea-bargaining is a choice that defendants are making when they don’t have many options. Can plea- bargains change your life? What effects will it have if you decide to do a plea? Well, plea bargains are not for everyone.
Does plea- bargaining violate due process and is it unfair because it eliminates the right to trial by jury?
What is due process? Fair treatment through the regular judicial system, especially as a citizen entitlement. This means that everyone that is charged with a crime has the right to go to court and prove their innocence. What is a plea bargaining? According to Nolo Cotendere dictionary, a plea bargain is an agreement between a defendant
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The innocent defendant will feel like there is no hope for them, with that being said they will accept any plea bargain that might not be fair so that they don’t have to spend an enormous amount of time behind bars. Now just because a prosecutor does their does job, does not mean that the procedures that they are following are unethical or illegal. With Plea bargains this relieves the court of a trial, and the prosecutor does not have to prove the case with a reasonable doubt. According to David Shetokas in Plea Bargaining in Criminal Cases most cases tend to plea. It states that 97% of federal cases will take a deal. Plea bargains are growing to resolve many cases. (Shetokas, 2014) According to the legal dictionary the sixth amendment to the U.S. Constitution affords criminal defendants seven discrete personal liberties: (1) the right to a Speedy Trial; (2) a public trial is allowed (3) have the right to have a fair jury; (4) knowledge of charges that are pending; (5) being able to cross-examine and confront the eyewitness; (6) the right to compel favorable witnesses to testify at trial through the subpoena power of the judiciary; and (7) legal rights to have an attorney.( legaldictionary). With the fourteen …show more content…
If plea bargains did not take place, then the court system would probably shut down. The courts would not be able to handle all the cases that would come through. Prosecutors are over worked now; plea bargains help them reduce their case. (Sanderfur) Prosecutors will be to put their hearts and souls into cases that really need their attention. Lastly, defendants will be able to escape the expensive fees of going to court. Based on the information that was obtained by Marcus Rucker at least thirty percent of cases tend to take the plea. In most cases, there is some evidence, and they would prefer to get a lesser charge and spend less time in jail, then to take a chance. If they do a plea deal, then it would be better for them, and maybe they will get off on some things, that they should be indicted. Marcus Rucker informed me that the ones that are innocent and know that have nothing on them they will go to trial and take that chance because they know that they will be proven innocent.
In conclusion in my opinion plea bargaining could be perfect for some people that have not committed a crime but the evidence against them is too much, and they know that there is a greater possibility that they will be convicted of the offense. In some cases, people get off easy and do not have to suffer like that