Plea Bargaining Model

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Plea Bargain All criminal trials use the bifurcated trial system meaning there are two phases. The first phase is the adjudication phase where it is determined if the defendant is guilty or not guilty. The second phase is the disposition phase, where if the defendant is found guilty the punishment will be determined. Most defendants agree to bench trial because of plea bargaining. Plea bargaining saves time and money for both state and defendant. Plea bargaining can lead to faults in the criminal justice system. There are several cases where innocent people are incarcerated due to plea bargaining. Plea bargaining is recommended to the defendant by the prosecutor or district attorney. Plea bargaining benefits the court system in different…show more content…
While plea bargaining is beneficial mostly for the state, it can sometimes be a curse for a defendant. For example, an innocent person may have some damning evidence against him or her even he or she is innocent. The prosecution will often pressure the defendant into believing that the jury will not find him not guilty. Therefore, the defendant will agree to the plea bargain and opt for a lesser sentence believing him or she does not have a chance of winning with a trial by jury. “Statistics show that 94% of state criminal cases and slightly more than 96% of federal criminal cases are eventually resolved through a negotiated plea.” (Schmalleger…show more content…
However, that defendant will carry that conviction on his or her record for the rest of his or her life. Furthermore, if an innocent defendant is pressure into a plea bargain he or she will also carry that conviction on his or her record for the rest of their life. In both cases, having a conviction on his or her record will affect their life post incarceration in several ways. For example, he or she will have trouble re-entering into society and being accepted by the general public. He or she will also face problems when trying to obtain a job. For the reason that they don’t find jobs, he or she will tend to turn to criminal acts for financial gain which will often lead to reincarceration. In my opinion plea bargaining is not fair and it’s corrupt. Especially with people that are guilty and take the plea bargain they don’t received the proper correction. Likewise it is not fair for a person that is innocent and is pressured to plea bargain for the believe that he or she will most likely not be considered not guilty. This will still affect them in the future will jobs and society. Works

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