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  • Essay / Advantages and Disadvantages of Plea Bargaining - 2400

    An agreement reached in a criminal case between a prosecutor and his defendant, before reaching a trial, is a plea bargain. The prosecutor offers the defendant the opportunity to plead guilty. By agreeing to plead guilty to a crime, the accused would obtain in exchange the prosecutor's promise to convince the judge to reduce his sentence. It's really impossible to predict what the jury will decide in a trial. Personally, I think plea bargaining is used as an easy way out; instead of letting the person who committed the crime pay for what they did by serving their full sentence. In managing a plea bargain, terms can sometimes be used to include consideration of how it works and who it can help. For a judge, the main incentive to agree to a plea bargain is to allow trials to proceed much more quickly. Plea negotiations are much quicker due to the requirement of less trail work (Maynard 17). Most judges don't really have time to try every case, it takes a lot of time. If every case in the justice system made it to trial, the courts would certainly be overburdened and eventually shut down (Larson). Judges often reason by using plea negotiations to "weed out" offenders who are unlikely to serve as much prison time (Nolo, cited in Larson). This therefore gives the judge and the prosecutor the opportunity to want to push the accused to accept the plea bargain. Otherwise, the defendant will plead without a plea bargain to primarily receive a guilty plea. Using plea bargaining can amount to an agreement on many things. It is very common in a plea bargain with first-time offenders charged with a less serious crime to use plea deals, so they can only be sentenced...... middle of paper . ..... the violent offender should not have the luxury of a reduced sentence. At this point, it is very doubtful that plea bargaining will be eliminated in the near future due to the benefits it offers. Stacy* “The Ways Plea Bargain Works”. Personal interview. March 3, 2010. “Free Legal Resources.” The pros and cons of plea bargaining. Law Info, October 2008. Web. March 3, 2010. L. Terry* “Plea Bargaining and How It Should Be Done.” » Personal interview. February 21, 2010. Larson, Aaron. How does “plea bargaining” work? Expert Law, 2009. Web. February 20, 2010. Maynard, Douglas W. Internal Advocacy Negotiation: The Language of Negotiation. New York: Plenum, 1984.M. David* “Plea Bargaining and Is It Fair?” » Personal interview. February 20, 2010. McCoy, Candace. Politics and plea bargaining: Victims' rights in California. Philadelphia: University of Pennsylvania, 1993.