What is plea bargaining, and what is its purpose? What impact does plea bargaining have on the criminal justice system? Given the issues associated with plea bargaining, do you believe that it is an acceptable practice? Explain

Question

What will be an ideal response?

Answer 1

Plea bargaining is the negotiation process that occurs between defendant, prosecutor, and defense counsel. Its purpose is to provide a mutual agreement of these parties and the disposition of the case.
Plea bargaining is essential to case processing. Prosecutors are able to get conviction, even if they have weak evidence, because of plea bargaining. The adversarial standard of proof beyond a reasonable doubt is difficult to achieve; thus plea bargaining provides a "sure thing." It also is beneficial to the entire court process, as the process saves time and resources of all parties because case preparation for trial is not completed. The existence of plea bargaining has also created an informal system in courthouses; parties agree to common going rates, allowing for the smooth processing of cases.
Detractors of the plea-bargaining process point to the public's perception that offenders manipulate the process to escape just punishment. They see this as the strongest argument against plea bargaining. Such people cite denial of society's sense of justice when an offender receives a lesser degree of punishment than his or her action(s) might otherwise deserve.
Its supporters contend that plea bargaining is an essential and effective means of moving cases through an expensive and overburdened system. In the absence of plea bargaining, they say that the sheer volume of cases would overwhelm the system, causing it to grind to a halt.
Most people find plea bargaining acceptable simply because a reduction in plea bargaining would increase the number of pending trials, thus placing an extraordinary expense on the criminal justice system that is not economically feasible.