PLEA BARGAINING
Plea Bargaining or “I did not commit that crime but I will agree to this one for 3–5 years or probation”
The criminal court operates under two models: The crime control model (that relies heavily on plea bargaining and guilty pleas) and the due process model (that provides a full trial process). A comparison of these models was exemplified in a classic 1968 article by Herbert Packer: Two Models of the Criminal Process.
The issue of plea bargaining has become a very controversial issue within the court system. Overburdened courts and endless dockets are causing the system to collapse and as a result, many prosecutors have turned to plea bargains to reduce the strain. The fast track between probation and reduced sentences has not been without controversy. Although plea bargaining is often criticized, more than 90% of criminal convictions come from negotiated pleas. Thus, less than 10% of criminal cases go to trial.
In a 4–5-page paper (1,000 to 1,250 words), identify the associated issues with plea bargaining. Does it undermine the system of law? If so, how? What are the incentives behind plea bargaining for judges, prosecutors, and defendants? Explain your answers and cite examples to support your position.
Additional Reference Information
Below are two Library articles that addresses plea bargaining.
Bowers, J. (2007). Grassroots plea bargaining. Marquette Law Review, 91(1), 85–121.
Fisher, T. (2008). The boundaries of plea bargaining: Negotiating the standard of proof. The Journal of Criminal Law & Criminology, 97(4), 943–1007.
Answer preview
Plea bargaining is recognized by law as a practice where the defense and the prosecutor negotiate and make an agreement. The defendant agrees to plead guilty of a particular offense committed in court in exchange for a less stringent or lenient sentence. If the defendant could be facing several charges, he or she can plead guilty of one or two charges and agree with the prosecutor to do away with all other charges.
Issues associated with plea bargaining
Plea bargaining is divided into three primary forms, which all involve different ways of reduction of sentence. The first type of plea bargaining is known as count bargaining, where a…
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