Plea Bargaining: The Judicial Process

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Plea Bargaining is a process that has been within the American judicial system for well over a hundred years. Simply defined it is an agreement between the prosecution and the accused for pleading guilty; which can often times be an incentive for the accused. This essay will be about the types of plea bargaining and who benefits from plea bargaining. The essay will then conclude with opinions on my personal feeling of plea bargaining and whether it sacrifices the rights of the guilty. To break the definition of plea bargaining down a little further there are two types of plea bargaining that are found in the judicial process. The two types are the “charge bargain” and the “sentence bargain.” The charge bargain is essentially when the bargain…show more content…
The benefits to law enforcement are increased incentives for captured suspects, pending the prosecutions approval, and leverage for capturing more suspects or higher profile suspects to a case. The benefit to the prosecution and the judicial process are leverage similar to that of law enforcement, but the clutter of the system is one of the biggest benefits. If the court system had to prosecute every single case that comes through the system, including the guilty plea, it would be log jam that would be hard to catch up with. With plea bargaining as well, it gives the accused a chance and incentive to come clean and admit their wrongdoing so they can pay their debt to society and be on with their lives. In the end the judicial system saves money, both with the time of trials and appeals, as well as reduced charges or sentences that ultimately lead to less time the tax payer has to pay for incarceration. It is true that the rights of the accused are essential within the Constitution, but in my opinion I feel that the accused have given up their right in using plea bargaining and admitting their guilt. If an individual wishes to invoke their rights guaranteed by the Constitution they have the right to all the liberties that are included in that type of trial. Yet, if an individual pleads guilty and wishes to plea bargain, this process should take precedent over the Constitutional right that has been given up with the provision that the accused could retain that right if they so desired. In the end, plea bargaining is an effective tool both for law enforcement, the prosecution, the judicial system, and can benefit the accused as well. Without this tool there could be an influx so dramatic that the judicial system would take quite a while to

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