With a plea bargain it can conclude a criminal case a lot faster without a trail. In a plea bargain the prosecutor will offer a plea and if the defendant takes it then he/ she will plead guilty without having to go to through a trial. Once the defendant accepts the plea the prosecutor will most likely dismiss certain charges or make sentence recommendation to the court. Once the attorney and the prosecutor have reached an agreement they bring it up to the defendant to see if they want to take the deal or not and that is called plea negotiations. A plea bargain can help a prosecutor by it saves the court valuable time for high-priority cases.
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.
Another major point is that our justice system shows more sympathy for criminals than it does victims. DNA testing and other methods of modern crime scene science can now effectively eliminate almost all uncertainty as to a person's guilt or innocence. Prisoner parole or escapes can give criminals another chance to kill. This contributes to the problem of overpopulation in the prison system. Has one ever thought of the victim’s family when the whole court cases are going on?
It is politically advantageous and morally satisfying position to take without any regards to the consequences of these actions. I personally would like to see tough sentences act as a deterrent or at least as a satisfying punishment for committing a crime against society providing that punishment bettered society as a whole. What this new crime bill does not take into account is the fact that people will one day get out. There is no planning for reintegration back into society in this bill. Other shortfalls include; addiction counseling, anger management, job training, and after-school programs for children.
According to the Legal Resource Library, “The biggest drawback to plea bargaining is for the innocent defendant who decides to plead guilty to a lesser charge in order to avoid the risk that he or she will be found guilty at trial.” Plea bargaining requires the defendant to waive three rights that he/she is normally protected by until the Fifth and Sixth Amendments: the right to a jury trial, the right against self-incrimination, and the right to confront hostile witnesses. (Cornell.edu) Some people may try to argue that plea bargaining in unconstitutional, however, this argument has been repeatedly overruled by the Supreme Court. There are a lot of controversial issues surrounding plea bargaining, and victims’ rights groups are arguing that the victim should have inputs and a voice into the bargain that is being established between the prosecutor and the defendant. Victim rights activists also feel that defendants undermine the criminal justice system in its entirety and defendants are let off too
The "Find Law" (2014) website state the benefits to a bargain being offered to the defense would be that it would cut down on overcrowding in the prisons, as well as in the courtrooms. By offering a plea bargain agreements, the prosecution reduces the work and case load on themselves as well as the rest of the court work group. The defense would also save on money and time on the criminal trial procedures. The defendant would benefit from a plea bargain with a lesser sentence having to be served, possibly even no jail time in return for time served or community service or some other form of alternative sentencing. A plea bargain can also result in a lesser charge or reduction of multiple charges being brought on to the defendant which may in turn carry a harsher sentence ("Find Law," 2014).
Plea bargaining can conclude a criminal case without a trial and when it is successful, plea bargaining results in an agreement between the prosecution and defence. In this agreement, the defendant agrees to plead guilty without a trial, and, in return, the prosecutor agrees to dismiss certain charges or make favourable sentence recommendations to the court. Plea bargaining is an essential part of the legal system. Plea bargaining is a way to ensure that a criminal will face justice, by passing the fear of an uncertain verdict. As well, plea bargaining is fair and it is beneficial to society as a whole.
Although the penalties for burglary are harsh, it's often possible to get the charges reduced or dismissed. Because of legal technicalities and difficulties of proof, prosecutors frequently agree to settle cases for lesser charges. And burglary cases that go to jury trial, with an effective defense, can result in a "not guilty" verdict. Just because you are accused of or prosecuted for burglary does not mean that you must be convicted of burglary. Depending on what the judges charges are against Oliver he may get charged with the burglary on top of that he may be charged with possession of a firearm and silencers are illegal so that may be another charge he will be charged with.
A plea bargaining allows both parties to avoid a long criminal trail and it may also allow the criminal defendant to avoid risk of conviction trail on a more serious charge. A defendant entering a plea must sign a statement certifying that they comprehend the plea, and are entering into the agreement voluntary and without begin pressured. An Example will be if a defendant is charged with a felony theft charged, the conviction would be imprisonment in a state prison. The offender may have the opportunity to plead guilty to a misdemeanor theft charge, which will carry over to jail time. If a judge perceives that the plea bargain is too lenient the judge has the right to reject the plea and order of the prosecuting and the defense to renegotiate.
When a defendant accepts a plea bargain the defense team has the advantage of less work with the same pay that he or she would have received if the case had gone to trial, prosecutors get the guilty plea that he or she was working to obtain, and the court system can move through cases at a faster pace. These advantages allow the court system to stay ahead of the mounting cases presented, making the trial process faster. Prisons and other incarceration facilities can also see a reduction of criminals being incarcerated, which helps with overcrowding in these facilities.Plea bargains have advantages that affect all players in the criminal justice system but disadvantages are also present in this process. Critics of the plea bargain will suggest