Criminal justice ethics: theory and practice

Criminal Justice Ethics

You are to discuss the possible ethical considerations of plea agreements. Your insights into plea-bargaining should be framed in the larger context of prosecutorial discretion.

Over the last several decades, plea bargaining has become an effective way for prosecutors to reduce their case loads. At the same time, this is helping to provide justice to the victims by punishing the perpetrators. While limiting the sentences criminals are facing from: a lengthy trial and judges who could hand down the maximum verdict. As a result, there have been increased calls for giving prosecutors greater amounts of authority in determining plea agreements. (Banks, 2012) (Keinig, 2008)

This has raised a number of concerns about possible ethical challenges that should be taken into consideration. As there are a host of potential issues which are having an adverse effect on the criminal justice system. The most notable include: the prosecution of innocent people and the ability to discriminate against minorities. (Banks, 2012) (Keinig, 2008)

The prosecution of innocent people is when someone is arrested based on the belief that they are the primary suspect who committed a crime (from circumstantial evidence). This is when there is evidence showing how someone may have been involved. Yet, there is no clear proof that they were the actual person who committed the crime. Instead, law enforcement could have coursed a confession from an individual. When this happens, the police will go to prosecutors and claim how they have a strong case. (Banks, 2012) (Keinig, 2008)

During a legal proceeding, prosecutors will offer this person a reduced sentence. This is where they will show how they have evidence linking them to the crime. Once this takes place, is the point that most people will accept the plea bargain in order to avoid a lengthy trial with a long jail term. This kind of discretion is designed to provide prosecutors with the ability to reduce their case loads. However, the problem is that this is allowing them to avoid double checking the facts and techniques used by investigators. (Banks, 2012) (Keinig, 2008)

Moreover, the limited resources of minorities and those who are economically challenged will increasingly face these kinds of tactics. This is because they have fewer resources and are less informed about issues surrounding the law. During a legal proceeding, this means that they will often have an inexperienced public defender (who will encourage them to accept the deal). This is problematic, as it could send certain ethic groups and economic classes into the prison system. Once this occurs, is when it will be difficult for these people to have any kind of upward economic mobility. (Banks, 2012) (Keinig, 2008)

As a result, there should be some kind of limits imposed upon the power and discretion that prosecutors have during plea agreements. One possible approach is to allow these kinds of deals to be fully enforced, only if there are no other issues surrounding the evidence. This will prevent any kind of potential abuses and allow the system to have a procedure that is taking into account moral considerations. (Banks, 2012) (Keinig, 2008)