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Criminology, Discussion

Plea Bargaining

Plea Bargaining

Explain the process of plea bargaining and discuss its use in the criminal courts. What are some of the advantages of plea bargaining, and what are some concerns with the process?

Defendants are given a chance to make their plea during their arraignment. A plea is a formal answer the defendant provides the court, and it can either be guilty, not guilty or nolo contendere. Usually, plea bargaining occurs between the court, the defendant, and the prosecutor once a defendant makes a guilty plea. Accordingly, plea bargaining involves negotiations that influence the sentence given based on the mutual interests of the court, the defendant, and the prosecutor (Schmalleger, 2017).

Plea bargaining starts with a guilty plea from a defendant once the defendant and their attorney believe they cannot win the trial. Accordingly, negotiations start between the court, the defendant, and the prosecutor. Before the defendant’s conviction, the judicial body consents to the same. Subsequently, once negotiated pleas are presented to the court, they cannot be withdrawn by the defendant (Schmalleger, 2017).

Plea bargaining focuses on mutual interests, and therefore, it has several advantages. The advantage to the court includes its reduced workload. Additionally, the prosecutor’s benefits include quick convictions that save both resources and time as opposed to the resources and time to be used in criminal trials. The advantages to the defendant include reduced sentences and savings on the costs to be incurred while paying the attorney (Schmalleger, 2017). Therefore, plea bargains are advantageous to all parties involved.

There are several disadvantages of plea bargaining. The disadvantages to the defendant include the inability to withdraw a bargained plea once it’s presented and sometimes the wrongful incarceration of innocent people. Subsequently, another disadvantage is the power given to prosecutors to dictate the plea bargaining that may be unfair to the accused (Schmalleger, 2017).

In conclusion, plea bargaining is essential because of all its advantages to all the parties involved. The benefits surpass the concerns; therefore, plea bargaining is a vital process in criminal courts.

References

Schmalleger, F. (2017). Criminal Justice Today: An Introductory Text for the 21st Century (14th ed.). Pearson.

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Question 

Plea Bargaining

Explain the process of plea bargaining and discuss its use in the criminal courts. What are some of the advantages of plea bargaining, and what are some concerns with the process?

Plea Bargaining

Plea Bargaining

Text:

  • Criminal Justice Today: An Introductory Text for the 21st Century. Frank Schmalleger, 2017