Why should we abolish plea bargaining?
Asked by: Prof. Seamus Denesik DVM | Last update: July 21, 2025Score: 4.5/5 (54 votes)
Plea bargaining should be abolished because it encourages crime and demoralizes both victims and society. Abolishing it will restore respect for the criminal justice system, which now lets people think that they should get away with crime because they can.
Why shouldn't plea bargaining be allowed?
Constitutionality argument: Some attorneys and judges also argue that plea bargaining is unconstitutional because it takes away defendants' constitutional right to a trial by jury. If you are coerced or pressured into a plea bargain agreement, then this argument may have weight.
What is the biggest problem with plea bargains?
Uncertainty and Plea Bargaining. The major, distinct problem caused by plea bargaining that Professor Bellin identifies is uncertainty—namely, the inability of a defendant to assess whether the plea agreement being offered is better or worse than the likely outcome at trial.
Which is an argument against plea bargaining?
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 would happen if there was no plea bargaining?
I hate plea bargains as much as many people but the simple fact is, if it were not for them, the already overloaded and ponderously slow court system would become even more overloaded and even slower. The resources needed to take every case to trial simply do not exist in a practical sense.
Opinion | The plea bargain trap
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.
Are plea bargains efficient or unjust?
The truth is that judges like plea bargains, just like everybody else in the system, because plea deals are efficient, and judges care about efficiency. Guilty pleas help clear out backlog, and judges are evaluated, in part, on their case backlogs.
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 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 disadvantage of plea bargaining?
Defendants may feel pressured to accept a plea bargain. Defendants may not obtain the benefit they expected from the plea bargain. Defendants may come to believe that the system is unfair and their attorney is incompetent.
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.
Why do innocent people take plea bargains?
Because the plea-bargaining process (and other pre-trial procedures) can be arduous and anxiety-inducing, some defendants may choose to plead guilty merely to put an end to their present situation, particularly if they are in jail pending a trial or other resolution.
Why would a prosecutor not offer a plea bargain?
Prosecutors usually check with victims about plea deals. If a victim is against it and the case is strong a prosecutor may just choose to go to trial. Sometimes they have office policies especially on certain types of cases against deals.
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).
What are three reasons a defendant may choose to accept a plea bargain?
Often, a plea bargain involves reducing a felony to a misdemeanor. This can be especially useful because it may allow the defendant to preserve their civil rights, retain a professional license, and protect their job prospects.
What are the benefits and drawbacks of plea bargaining from the viewpoint of society?
The plea bargaining process can help reduce overcrowding in courtrooms, but it also raises some ethical issues that must be taken into account when discussing its effects: Plea bargaining often results in less severe punishments than what a defendant would receive if they were found guilty after going to trial.
Why should we abolish the plea bargain?
Plea bargaining should be abolished because it encourages crime and demoralizes both victims and society. Abolishing it will restore respect for the criminal justice system, which now lets people think that they should get away with crime because they can.
What are the negatives of plea bargaining?
Plea bargaining is an intricate process that brings both benefits and drawbacks to the criminal justice system. While it can expedite case resolution and offer flexibility, it can also coerce innocent individuals and decrease public confidence in the system.
How can a plea bargain be 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 .
How does plea bargaining affect the victim?
When plea negotiations result in the withdrawal of charges or charging for a lesser offense, the victim may feel betrayed by the criminal justice system even to the extent of feeling that the system is more sensitive to the circumstances of the accused than to those of the victim.
What is one major critique of the practice of plea bargaining?
What is one major critique of the practice of plea bargaining? It causes the justice system to fall short of guaranteeing all citizens the right to a fair and impartial trial.
How does plea bargaining benefit the court system?
The most obvious benefit is the savings in time and expense to the parties, the court, and the public. 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.
Do innocent people accept plea bargains?
In the U.S., wrongful convictions have stripped many people of their freedom, so if you have been charged and are facing a serious penalty, it is understandable why a person would take a plea bargain even if they are innocent.
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.
How many cases are solved by plea bargaining?
Plea bargaining accounts for almost 98 percent of federal convictions and 95 percent of state convictions in the United States.