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Impact of Plea Bargaining (Pros (two rational parties can more cheaply and…
Impact of Plea Bargaining
Pros
two rational parties can more cheaply and quickly come to an agreeable outcome
Caseloads reduced
Prosecutors aren't allowed to make threats to life
But the prosecutor can threaten to charge the defendant with a harsh sentence, and that's considered acceptable.
Can even threaten to bring charges against defendants family in order to secure a plea.
Some states require evidence to be shared before a plea is made
This protects the defendant.
Some states require the judge to have input
Less chance for prosecutor to take advantage of defendant.
Taking away plea bargaining will jam courts.
in 2013 97% of cases not dismissed in federal courts were resolved through plea bargaining.
It is rare for any jurisdiction to have a less than 95% of decisions to be made in PB rather than Trial
Less than 10% of all cases go to trial
Some defendants deliberately goto trial and “crash the courts” as a form of resistance to mass incarceration
Prosecutor offers more lenient charge if defendant foregoes trial and admits guilt.
Cons
A system of justice shouldn't be miserly in its work.
Money shouldn't be an issue for dealing justice.
The court should prioritize separating the guilty form the innocent.
Spare oversight of the plea bargaining gives prosecutors more power than they should have
Judges don't sit in on plea deals, but rather hear the decision after.
Written records of deals aren't required
Don't follow any standards of proof
Beyond a reasonable doubt does not apply to plea bargaining
taking a "lenient break" isn't often understood by the defendant.
Defendant accepts the break because it seems like the favorable option without understanding the worth of their case.
Things that can improve Plea Bargaining
Requiring written record of plea bargain
Mandating judge involvement in PB
Requiring evidence to be shown during PB
Efficiency and cost should be removed as most important stakeholder.
Make use of Bench trails
Other thoughts
Not every case can be bargained down.
Mandatory minimum sentences do exist.
Even if a Plea Deal is made, the defendant must appear before a judge fro voire dire
Sources:
https://www.nybooks.com/articles/2014/11/20/why-innocent-people-plead-guilty/
http://www.courtstatistics.org/
https://www.theatlantic.com/politics/archive/2017/05/plea-bargaining-courts-prosecutors/524112/
https://criminal.findlaw.com/criminal-procedure/plea-bargain-pros-and-cons.html
https://www.criminaldefenselawyer.com/resources/criminal-defense/criminal-defense-case/plea-bargaining-pros-cons.htm