History Plea Bargaining? When ? 2. What

¶ … history plea bargaining? When ? 2. What recent statistics plea bargaining U.S. ( current year)? What

Bargaining With Pleas

The history of plea bargaining can be traced back to the end of the colonial era in the United States. Plea bargaining was known to exist in this country since at least 1780, a fact that is corroborated by author George Fisher. Fisher dedicated a significant amount of research to the history of this legal device in the court systems of Middleton, Massachusetts (McCoy, 2003). Initially, plea bargaining was used as a way to convict criminals of victimless crimes, the best example of which was the illegal sale of alcohol. A crucial component to the early use of plea bargaining was the fact that there were a bevy of mandatory sentencing laws, much like there are federal minimum mandatory sentencing laws for narcotics related offense today (McCoy, 2003). Those convicted of such a victimless offense on multiple accounts could readily cop a plea in which they would be guilty of just one offense, and submit to the mandatory punishment (which was typically a fine).

The fact that there were mandatory sentences that aided the development of some of the earliest plea bargains is immensely significant, because it allowed for prosecutors to make explicit plea bargains. Later on during the middle of the 19th century plea bargains became implicit due to a lack of mandatory sentencing, which did little to deter the use of plea bargains which were initially used in order to reduce economic costs of trying offenders and to assist with an overburdening case load for state and federal prosecutors and judges.

Plea bargaining most assuredly does not serve everyone's interests, although it certainly serves the majority of them. Those arrested for criminal activities can frequently strike a bargain to have their sentences mitigated. The court system benefits from not having to go through a lengthy, costly trial. Plea bargains also are effective for reducing the number of cases that do go to trial, aiding in a criminal justice system that is -- and has been -- backlogged for years. Another aspect of plea bargaining that is widely viewed as a benefit is the fact that it readily adds to the number of convictions that prosecutors can tally, which may be influential in their career advancement.

However, this final aspect of the benefits of plea bargaining is where its problems begin to occur. Plea bargaining ultimately gives prosecutors too much power. Plea bargains allow these attorneys to essentially circumvent the criminal justice process by skipping trials and readily convicting defendants. Viewed in this light, plea bargaining actually reduces the efficacy of the criminal justice system. The person who does not benefit from plea bargains, of course, is the defendant who is truly not guilty. Oftentimes, those who are found guilty after a court case are subject to five times a lengthier sentence than those who simply opted for a plea bargain in the same circumstance (McCoy, 2003). These ramifications mean that it may be in the best interest of an innocent person to plead guilty -- which simply reinforces the subversion of justice in what is supposed to be a criminal justice system.

There are many adverse impacts that the criminal justice system could incur if the device of plea bargains were not allowed or discontinued. Most of them are directly related to the fact that this system is presently overcrowded. If pleas were no longer allowed, the system would be even more crowded than it currently is. The fiscal ramifications of having to actually try each and every defendant who was accused of something would be considerable, both at the state and the federal level. It was the need to reduce these costs and the backlog in the criminal justice system that created the notion of plea bargaining in the first place.

Additionally, the elimination of plea bargains would create a significantly higher work load for both prosecutors and judges. The impact of this aspect of the discontinuance of plea bargaining would also negatively affect defendants. The wait for access to a "speedy and fair trial" would become considerably protracted, particularly for those individuals who cannot post bail. The criminal justice system would be significantly closer to a situation in which people -- whether innocent or guilty -- would simply have to sit and jail and wait their chance to prove their case if plea bargains were no longer an option for them.