Which is an argument against plea bargaining?
Asked by: Reggie Blanda | Last update: June 30, 2025Score: 4.6/5 (25 votes)
However, critics of plea bargains argue that they violate defendants' constitutional right to a trial and can lead to abuse of power within the system.
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.
Which of the following is a disadvantage of plea bargaining?
Disadvantages of Plea Bargaining
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 the issue with plea bargaining?
When the Government has a strong case, the Government may offer the defendant a plea deal to avoid trial and perhaps reduce his exposure to a more lengthy sentence. A defendant may only plead guilty if they actually committed the crime and admits to doing so in open court before the judge.
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.
Plea Bargaining Pros and Cons - 3 Arguments Against Plea Bargaining
What is the argument against the 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 one major critique of the practice of plea bargaining?
Coercion: Critics argue that plea bargaining can coerce innocent people into pleading guilty, particularly if they lack legal representation or resources. The risk of a harsher sentence, if found guilty at trial, may pressure individuals to accept deals even when they have not committed a crime.
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 is an example of a plea bargain?
A statement made for the purpose of a plea bargain is confidential. For example, Donna is charged with possession of illegal drugs with intent to sell. She asks her lawyer to negotiate a plea bargain, under which she will admit that she possessed the drugs in exchange for facing the lesser charge of simple possession.
Why is plea bargaining banned?
The practice of giving criminals who plea bargain lighter sentences results in unjust sentences in which the punishment is too lenient given the severity of the crime. Plea bargaining raises the possibility that innocent people will plead guilty to crimes they didn't commit.
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.
How long do you have to accept a plea deal?
Most plea offers come with an established expiration date, typically set within a few months of the offer's issuance. Once the original plea offer expires, the prosecutor can choose to either extend the same offer or present a new plea deal with potentially less favorable terms.
Should the victim always be included in the plea bargaining process?
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.
Why is plea bargaining fair?
There are a few theories as to whether the plea bargaining process is fair and equitable. Proponents argue that docket pressures are too great and that prosecutors lack the time to pursue all indictments because there are simply too many (Stuntz, 2004).
Which state actually banned plea bargaining?
ALASKA BANS PLEA BARGAINING. DATA ON COURT OPERATIONS IN ALASKA'S THREE LARGEST CITIES WERE COLLECTED FOR 1 YEAR PRIOR TO AND 1 YEAR FOLLOWING THE STATE'S PROHIBITION OF PLEA BARGAINING IN 1975.
What happens if you don't accept a plea deal?
This means that the defendant must plead guilty to the crime as agreed upon in the plea bargain and accept the sentence that has been negotiated. If the defendant does not follow through with the terms of the plea bargain, the judge may choose to revoke the plea bargain and the case may proceed to trial.
What are the negatives of plea bargaining?
Pros of plea bargains include saving time, getting a reduced sentence, and gaining certainty. Cons of plea bargains include pleading guilty even if innocent, letting law enforcement off the hook for a poor investigation, and having a criminal record.
What are the 3 types of plea?
There are 3 basic types of pleas in criminal court: guilty, not guilty or no contest.
Is a plea bargain final?
The practice of plea bargaining has spread globally but varies significantly based on local legal traditions and regulations. In some jurisdictions, the judiciary retains the final authority to approve or reject plea agreements, ensuring that any proposed sentence aligns with public interest and justice standards.
Why should you never take a plea bargain?
Critics argue that plea bargains can result in innocent people pleading guilty to avoid the risk of a harsher sentence at trial. There are also concerns about the consistency and fairness of plea deals, as well as the potential for prosecutorial overreach.
Can a judge overrule a DA?
Even if a judge does not agree with the prosecutor's decision to charge someone with a particular crime, the judge is powerless to undo the prosecutor's action.
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.
What refers to the highest level of proof required to win a case?
beyond a reasonable doubt. Beyond a reasonable doubt is the legal burden of proof required to affirm a conviction in a criminal case. In a criminal case, the prosecution bears the burden of proving that the defendant is guilty beyond all reasonable doubt.
Why do judges like plea bargaining?
Plea bargains can reduce court backlogs, ease financial strains on prosecutor's offices, and free up jail and prison space. Plea bargains hold many advantages for actors in the criminal legal system, not just defendants. Prosecutors and judges stand to gain as well.
What percentage of trials end in guilty?
Of the 2% of cases that were resolved by jury trials, 81% resulted in felony convictions, 4% resulted in misdemeanor convictions, and 14% resulted in acquittal, dismissal, or transfers.