Plea Bargaining

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Plea bargaining

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Can plea bargaining be detrimental to the accused?

Plea bargaining is the process of negotiating a plea between a defendant and a prosecutor

in order to avoid the need for a trial. This usually involves the defendant pleading guilty to a

lesser charge in exchange for a reduced sentence. If the defendant is found guilty at trial, they

may face additional punishment, such as prison time or a fine. Plea bargaining can be beneficial

to both parties if it results in a quicker resolution of the case and lessened criminal penalties for

the defendant. It can also help to ensure that justice is served by ensuring that the most serious

charges are brought against the defendant (David Carlson, 2018). However, plea bargaining can

also lead to corruption if prosecutors offer lenient sentences in exchange for bribes from

defendants or their attorneys. It is important to be aware of the risks involved when negotiating a

plea, as well as the possible benefits, in order to make an informed decision.

Plea bargaining can result in the accused pleading guilty to a crime they did not commit

for a number of reasons. For example, the accused may feel pressured to plead guilty in order to

avoid a longer prison sentence, or they may be offered a lighter sentence in exchange for

confessing to the crime (Johnson, 2022). Additionally, prosecutors may offer reduced charges or

a plea bargain that includes an admission of guilt in exchange for less severe punishment. If the

accused feels they cannot win their case at trial, bargaining may be their best option to avoid

going through with a trial. However, whether or not a plea bargain is actually beneficial to the

accused depends on the specific case and facts involved.

It can lead the accused to give up their right to a trial by jury in exchange for a reduced

sentence or charge (David Carlson, 2018). This benefits the prosecution by saving time and

resources that would be spent on a trial, and it benefits the accused by avoiding the risk of a

longer sentence if convicted at trial. However, plea bargaining can also be seen as a form of
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coercion, as the accused may feel pressure to accept a plea bargain in order to avoid going to

trial. By negotiating a plea bargain in advance, prosecutors can ensure that the suspect will

confess to the crime, which may lead to a lighter sentence. However, there is always the risk that

the confession may be false or coerced, and it cannot be used as evidence at trial. Plea bargaining

is typically used when there is a strong possibility that the accused will be found guilty at trial,

but the defendant would prefer to avoid a lengthy prison sentence (Johnson, 2022).

Plea bargaining is a process where defendants are offered reduced charges or sentences in

exchange for pleading guilty (G. Nicholas Herman & Bolitho, 2017). This often gives defendants

a bad criminal record, as they are now associated with the crime, they pleaded guilty to. This can

have a negative impact on their future opportunities, as employers may be less likely to give

them a job or allow them to rent an apartment. Additionally, it can make it more difficult for

them to find legal representation if they get arrested again in the future. Overall, plea bargaining

is often seen as a way of pressuring defendants into pleading guilty without fully understanding

the consequences.
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References

1) David Carlson. (2018, January 4). Plea bargain. LII / Legal Information Institute.

https://www.law.cornell.edu/wex/plea_bargain

2) G. Nicholas Herman, & Bolitho, Z. C. (2017). Plea bargaining. Juris.

3) Johnson, M. (2022, January 18). Consequences of Plea Bargaining: In Consideration of

the Rights of the Accused. Columbia Undergraduate Law Review.

https://www.culawreview.org/journal/consequences-of-plea-bargaining-in-consideration-

of-the-rights-of-the-accused

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