Plea Bargaining: Types, Pros, Cons, and Justice Models

Introduction to Plea Bargaining

Many criminal cases are resolved out of court through an agreement between the aggrieved party and the offender. The process of achieving such a settlement is referred to as a plea bargain in law. It is a practice used in many jurisdictions to resolve cases, and either side may initiate the process. Both sides must agree before such a process succeeds (How Courts Work | American Bar Association). The plea-bargaining process involves a defendant pleading guilty to a lesser charge. It may also involve pleading guilty to one or all of the charges leveled, with the prosecuting attorney recommending leniency in sentencing. It should be noted that the judge is not bound by the prosecution's recommendation for leniency. Some plea bargains are approved by courts while others are not.

Sentence Bargaining and Charge Bargaining

In sentence bargaining, the defendant pleads guilty to the charges after both sides agree on the type of sentence recommended by the prosecution. For instance, if a defendant named Jerry agrees to plead guilty to a misdemeanor charge of resisting arrest, and the prosecution agrees to recommend a specific jail term, the result constitutes sentence bargaining.

In charge bargaining, by contrast, a defendant pleads guilty to a less serious charge, or to the least severe of the charges filed. For example, Terry may agree to plead guilty to trespass when the original charge was burglary. If the prosecution agrees to drop the burglary charge in exchange, the process is referred to as charge bargaining (Schwartzbach, Nolo.com).

Advantages of Plea Bargaining

One of the immediate benefits of plea bargaining is that courts and the state are able to dispense with case workloads much more quickly. Prosecutors are also relieved of some of their caseload, giving them more time to handle serious pending matters. In criminal defense, plea bargaining helps remove the element of uncertainty inherent in criminal trials. Defendants are assured that no more serious charges will be filed against them, and the process encourages offenders to acknowledge responsibility and submit to the law.

By agreeing to accept the charges, defendants spare the courts, the prosecution, and all other parties involved the rigors of a full trial. The process may also aid the prosecution when evidence is insufficient to prove the crimes in court, providing an alternative path to a finding of guilt (Advantages and Disadvantages of Plea Bargaining | OccupyTheory). This efficiency benefit is widely recognized as one of the principal reasons plea bargaining has become so prevalent in common-law jurisdictions.

Conclusion

Without plea bargains, cases would take a long time to go through the mandated court system, and the government would have to spend considerably more. Justice would also be further delayed. Plea bargaining is not, however, without its flaws. Both victims and defendants may be denied full justice, as discussed throughout this paper. The practice thus represents a pragmatic compromise within the criminal justice system — one that offers efficiency at the potential cost of thoroughness and fairness.

References

American Bar Association. How Courts Work | Public Education. (n.d.). Retrieved January 4, 2017, from http://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/pleabargaining.html

Liberal Arts Outreach. (n.d.). The Crime Control Model — Introduction to Criminal Justice. Retrieved January 4, 2017, from http://elearning.la.psu.edu/crim/100/lesson-1/the-crime-control-model

OccupyTheory. (n.d.). Advantages and Disadvantages of Plea Bargaining. Retrieved January 4, 2017, from http://occupytheory.org/advantages-and-disadvantages-of-plea-bargaining/

Schwartzbach. (n.d.). What are the different kinds of plea bargains? Nolo.com. Retrieved January 4, 2017, from http://www.nolo.com/legal-encyclopedia/what-the-different-kinds-plea-bargains.html