The Importance of the Use of Plea Bargains
John Miranda
March 2, 2015
CJA/224
Dr. Linda Robinson

There are very many different tools in which a prosecutor has on their belts. One of the most commonly used is called a plea bargain. It is a very useful tool yet it is sometimes scrutinized by its use. This is typically due to the fact that it usually involves the defendant getting a lesser punishment. So the question always arises if it is just for individuals who have committed a crime to receive this type of leniency. A plea bargain refers to an arrangement that is made between the prosecution and the defense to plead guilty to a lesser crime which would result in a lesser punishment. This would result in the defendant not having to deal with the costly expenses it would take to go to trial against the state, or federal government, depending on the type of crime committed. It also alleviates case workload, and saves time from the judicial system from having to take to trial every single case that is filed. Plea bargains are typically a private matter in which only the prosecution and defendant have discussions about the matter but recently due to public demand the victims have begun to have an input on the plea bargaining procedure which is typically only made public when it is announced in court. However, a judge does not have to accept any terms in which might have been agreed upon by both parties and may have all charges go to trial. There are generally only three types of plea bargains in which are recognized by our judicial system. The most important and predominately used of the three are charge bargains and sentence bargains. Charge bargains refer to the defendant pleading guilty to a lesser charge in hopes of receiving a lesser punishment. An example of this would be someone pleading out to a charge of man slaughter oppose to the full sentence of a murder charge. Sentence bargaining which is not typically used and most places it is not even allowed involves the defendant pleading guilty to whatever charge they are being given in hopes that the judge will allow for a more lenient punishment. When it comes to plea bargaining it can come with some advantages for the defendant and the criminal system. When it comes to the criminal system it can effect society in a positive light when plea bargaining. On the defendant side, which could be facing a multitude of charges, can have some of the charges dropped in hopes for a lesser sentence in prison. On the financial side, not only does it help the defendant, but reduces the cost or eliminate the cost of a lengthy court proceedings. This also will save in the long run for the defendant who may know that he or she will possibly lose their job and wages. The courts also benefits from plea bargaining. The prompt disposition of cases saves judicial resources. This allows the judge to close the case quickly and he or she is able to move onto the case that may be more important. In plea bargaining, there are some disadvantages also. Even though a plea agreement is being worked out on all sides in the system, the courts are still the ones with the final approval and determination of the plea. If the courts do not like it, then the defendant will have his or day in court. With that said, if the defendant signs the plea bargain that they plead guilty to, they will never be allowed the opportunity to appeal their case. Another disadvantage is it sometimes allows the criminal to get away with whatever crime that they committed and when the defendant knows he or she can get away with it for a lesser charge, they will hop on that train quick. A major disadvantage that they have been having problems with is critics of plea bargaining also claim that innocent individuals may be coerced to plead guilty. It is just the police trying to hurry along with their case so they can close it and move on to the next. When it comes to due process of the criminal justice system, plea bargaining can work in its favor. Like discussed earlier, plea bargaining allows the defendant to avoid a more serious charge by coping to a lesser charge. Take for example, a criminal is charged with stealing money from the cash register where he or she works. In a real world this individual could do some time in a state prison for stealing cash from his or her company. But the individual has the opportunity to plead guilty to possibly a misdemeanor and might not even do any jail time. Another example is a Civil Reservations Motion. Most people don’t realize the impact that guilty pleas to traffic tickets can have down the road. They paid their fines, and it’s over. Unfortunately, that is not always true. What is being talked about is an automobile accident. With this there could be property damages and possibly personal injuries. The driver that caused the accident then pleads guilty to careless or reckless driving. The problem that occurs is later in the years after the other driver sues the individual at fault for damages, the guilty plea is used against him or her as proof of negligence. In the end the individual that pleaded guilty is the one that admitted driving recklessly. There are lots of uses in which a plea bargain can be useful in today’s society. However there will always be those individuals who are victims of a crime that at the moment will only see what they want at that moment and want the full force of the law to take effect. The prosecutors however know that it takes patience and the right and true facts to come to light before they go full force into a charge. If the prosecution can only get enough evidence to charge an individual with a smaller charge until they have allowed the investigators to get more evidence on a larger charge than that is what should be done.

References
American Bar Association. (2015, March 1). How Courts Work. Retrieved from American Bar Association: http://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/pleabargaining.html
Find Law. (2014, March 1). Plea Bargains: In Depth. Retrieved from http://criminal.findlaw.com/: http://criminal.findlaw.com/criminal-procedure/plea-bargains-in-depth.html
Occupy Theory. (2014, April 24). Advantages and Disadvantages of Plea Bargaining. Retrieved from http://occupytheory.org/: http://occupytheory.org/advantages-and-disadvantages-of-plea-bargaining/
Lammers, K. (2012). Virginia Supreme Court 06/10 Charge Bargaining Not Vindictive. Retrieved from http://crimlaw.blogspot.com/2004/06/virginia-supreme-court-0610-charge.html