Plea Bargains

Ashley Williams

Axia University of Phoenix

CJS 220

Pleas bargains are offered throughout the justice system everyday, in various types of cases. “Nearly 95% of all felony cases never reach a jury. They are settled through pleas bargains in which a defendant agrees to plea guilty in exchange for a reduced sentence.” (PBS, 2004).

An agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence. Most criminal defendants are offered plea bargain. A plea bargain gives criminal defendants the opportunity to avoid sitting through a trial risking conviction on the original more serious charge.

There are two types of pleas bargains; a charge bargain and a sentence bargain. A "charge bargain" occurs when the prosecutor allows a defendant to "plead guilty to a lesser charge," or to only some of the charges that have been filed against him. For example, a defendant charged with burgarly may be offered the opportunity to plead guilty to "attempted burglary." A defendant charged with Drunk Driving and Driving With License Suspended may be offered the opportunity to plead guilty to just the drunk driving charge. A "sentence bargain" occurs when a defendant is told in advance what his sentence will be if he pleads guilty. This can help a prosecutor obtain a conviction if, for example, a defendant is facing serious charges and is afraid of being hit with the "maximum" sentence. Typically, sentence bargains can only be granted if they are approved by the trial judge. Many jurisdictions severely limit sentence bargaining. Sentence bargaining sometimes occurs in high profile cases, where the prosecutor does not want to reduce the charges against the defendant, usually for fear of how the newspapers will react. A sentence bargain may allow the prosecutor to obtain a conviction to the most serious charge, while assuring the defendant of an acceptable sentence.

There are positives and negatives for plea bargaining. Some positives for the defendant(s) to accept a pleas bargain are; a fairly obvious benefit that defendants can reap from plea bargaining is that if they're represented by private counsel, they can save a bundle on attorney fees. It almost always takes more time and effort to bring a case to trial than to negotiate and handle a plea bargain. Other reason as to why a defendant may accept to cop to a plea can involve benefits such as getting out of jail, resolving the matter quickly, having fewer or lesser offenses on one’s record, having a less socially stigmatizing offense on one’s record, avoiding hassles, avoiding publicity and keeping others out of the case. Both prosecutors and judges also reap benefits from having a defendant accept a plea bargain such as; it prevents cases from over burdening prisons and judges calendars, another benefit to the prosecution is that it ensures a conviction, and finally another benefit to the prosecutors Is with a defendant accepting a plea bargain it in return keeps the cost down of taking a case to trial.

Even though 95% of felony cases are convicted through the use of a plea bargain there are some who disagree with the use of plea bargains. An argument against plea bargaining includes, as some see it, an unconstitutional delegation of judicial power to the executive branch of government. Their defense lies within the United States Constitution. Article II, Section 4 of the U.S. Constitution states, "The President, Vice President, and all civil officers of the United States, shall be removed from Office on Impeachment...of Treason, Bribery, or other high crimes...." Prosecutorial abuse of power (or crime) is evident in the word "bribery." As U.S. civil officers, prosecutors offer a "bribe" that is meant to induce, influence, and promise a defendant a lesser sentence. The loss of one's freedom is a very strong inducement and certainly influences a defendant's judgment to accept a "bribe" when made under threats of a plea. (Thomas, 2004, para. 5).

Just as there are arguments against the use of plea bargains in the judicial system there are arguments being made for it. Many people who are for the plea bargaining deals state that it is good in that it reduces the cost being put upon the government with running trials and paying for additional hours for prosecutors and attorneys that are hired, such as public defenders. Some defendants are also in favor of plea bargains being that it is also cost effective in the event that they have their own, private attorney and also speeds up the sentencing process.

On a personal note I am for plea bargaining in that it is more cost effective for both parties in a case. A lot of money is put into having a case go to trial. Hours are put into jury trial cases as well. Another benefit of plea bargains is I find that it helps to reduce the crowding of court calendars and judge dockets. I believe that plea bargaining should only be accepted by those who are in fact guilty for the crime that they are being charged with, if they help in another way by helping to prevent others from committing crimes that are similar to what they are being charged with.

I would like to see the judicial system use more in sentencing to combat future criminals. To enact this it would need to be ordered that those convicted, once released should have to volunteer so many hours to the community in working with children and teenagers. Sharing their experience and what they have learned.

References

PBS. (2004). The Pleas. Retrieved August 31, 2008, from http://www.pbs.org/wgbh/pages/frontline/shows/plea/etc/synopsis.html

Thomas R, (2004). Join the Discussion. PBS. Retrieved September 31, 2008, from http://www.pbs.org/wgbh/pages/frontline/shows/plea/faqs/