Which argument is most likely to be made by opponents of plea bargains?
Asked by: Ms. Kyla Weimann II | Last update: July 10, 2025Score: 4.1/5 (17 votes)
Those who are not in favor of plea bargaining argue that defendants are better off without it because each case would then be processed impartially. Prosecutorial budgets would only allow prosecution in those cases where there was strong evidence to convict.
What is the argument against plea bargains?
Critics contend that plea deals circumvent due process, which includes the civil procedures the government must follow to deprive someone of their legal rights. This perspective highlights concerns about potential abuses of power and the importance of upholding defendants' rights within the criminal justice system.
What is the controversy surrounding the plea bargains?
Some critics argue that a system of negotiated justice undermines the de- terrent effectiveness of punishment and can be used by influential defendants to evade legal sanctions.
What is the most common explanation for plea bargaining?
Plea bargains allow prosecutors to avoid trials, which are shunned because they are time-consuming, labour-intensive, and costly but carry no guarantee of success. Through the rational use of plea bargaining, prosecutors can ensure some penalty for offenders who might be acquitted on technicalities.
Which of the following is a criticism of plea bargains?
Final answer: Plea bargaining is criticized for undermining the integrity of the judicial system, coercing defendants to plead guilty, and giving excessive power to prosecutors. These criticisms suggest that the practice may compromise fair justice.
NDF Boston 2019 - Stock Argumentation in Casing
Which of the following is an argument for plea bargaining?
Defendants favor plea bargaining because it results in some favorable benefits to them (reduced criminal charge, lower penalty, etc.), is less expensive (for those who pay for their own counsel), is less time-consuming, and can reduce the emotional impact on both the defendant and on any victim or victim's family.
What is the common critique of plea bargaining?
The plea bargaining process has been criticized for allowing prosecutors too much discretion compared with judges, who are held to concise sentencing guidelines (Burke, 2007; Finkelstein, 1975; Ma, 2002).
What are the three main types of plea bargains?
Understanding the three primary types of plea bargains – charge bargaining, sentence bargaining, and fact bargaining – is essential for defendants and their legal representatives.
Does the victim have to agree to a plea deal?
Not only do victims have the right to offer written input into whether a plea bargaining agreement is proper, but also prosecutors must make a reasonable effort to provide them the opportunity to comment on the agreement terms.
Which best describes plea bargaining?
In a plea bargain, a defendant agrees to plead guilty to some or all charges in exchange for concessions from the prosecutor, such as a lesser sentence or reduced charges.
Why do judges reject plea bargains?
However, judges may reject a plea if they believe it is not in the best interest of justice, it undermines public safety, or it fails to address the severity of the offense adequately. Factors that might lead to rejection include: The seriousness of the crime. The defendant's criminal history.
What are the possible drawbacks to entering into a plea bargain?
Cons of Entering Into a Plea Bargain
Some of these are: Innocence. If you are truly innocent of the crime you are being charged with, it can be hard to accept a plea agreement—even for a reduced sentence or charge. Loss of rights.
Why do innocent people accept plea bargains?
Prosecutors frequently have tremendous negotiating power and may scare a defendant with a heavier penalty if they decide to go to trial and are found guilty. Even if a person is innocent, they can believe it is not worth it to risk getting a harsher penalty after a trial.
Who benefits the most from a plea bargain?
Prosecutors benefit from plea bargains because the deals allow them to improve their conviction rates. Some prosecutors also use plea bargains as a way to encourage defendants to testify against codefendants or other accused criminals.
What is it called when you plead guilty but not guilty?
Alford plea. The name, Alford plea, is taken from the case North Carolina v. Alford . An Alford plea, also known as a "best-interests plea," registers a formal admission of guilt towards charges in criminal court while the defendant simultaneously expresses their innocence toward those same charges .
Why plea bargains are not confessions?
The defendant generally admits to acts satisfying elements of the crime—a legally sufficient admission to be sure, but often not under oath, and often not supported by any extensive factual record. Because plea bargains typically contain only formulaic admissions, they have limited preclusive impact in future cases.
What is the standard argument in favor of plea bargains?
Defendants favor plea bargaining because it results in some favorable benefits to them (reduced criminal charge, lower penalty, etc.), is less expensive (for those who pay for their own counsel), is less time-consuming, and can reduce the emotional impact on both the defendant and on any victim or victim's family.
Why is plea bargaining controversial?
Controversy Surrounding Plea Bargains
Some commentators oppose plea bargains, as they feel that plea bargains allow defendants to shirk responsibility for the crimes they have committed. Others argue that plea bargains are too coercive and undermine important constitutional rights .
Is plea bargaining good for the victim and the defendant?
In numerous cases the defendant may benefit from the plea bargaining process because he receives a lighter sentence for pleading guilty to a lesser offense. The defendant, his family, and the victim are spared the public trial and accompanying emotional trauma.
Why do most cases end in plea bargains?
The case for plea bargaining is a simple one: A guilty plea erases the cost of a jury trial and expedites the process, Berry said. "The advantage of a plea bargain system is it's very efficient," he said. "If every criminal defendant said, 'I want a trial,' the justice system would grind to a halt.
What is the rarest type of guilty plea?
A Nolo Contendere plea is rare in federal criminal cases. In a Nolo Contendere plea, the defendant does not admit his factual guilt, but accepts the punishment on the premise that the government's evidence is strong enough for a conviction.
What is the most common plea?
Pleading not guilty is perhaps the most common plea entered in criminal court. Even if a person believed they are guilty of the offense, pleading not guilty is usually the safest bet. A no contest plead means you neither agree or disagree with the charges against you, and you are just pleading to close the case.
Who can reject a plea bargain?
Making a Decision on a Plea Bargain
There are several different types of actions that a judge can take in these situations. They can accept the plea agreement as it is, or they can reject it outright. If a judge rejects a plea agreement, they usually must state a justification on the record.
What is a weakness of plea bargaining?
Despite its benefits, plea bargaining is not without its critics. One of the most significant concerns is the potential for coercion. Defendants, especially those without adequate legal representation, may feel pressured to accept a plea deal for fear of facing harsher penalties if they go to trial.
What is one disadvantage of plea bargain?
One of the disadvantages of plea bargaining is that it opens the possibility for innocent people to plead guilty to an inaccurate charge. They may see a plea deal as the safer path to avoid the risk of a trial. Some defendants enter a plea of "no contest" to accept a plea bargain without admitting guilt.