Plea Bargaining Essay Example | Topics and Well Written Essays - 750 words

defense Bargaining - Essay ExampleBesides, the delay of umpire inherent in legal auditions will also practically amount to a denial of justice. Therefore, confession bargaining is a legal option when a defendant willingly agrees to settle a particular case under true conditions and guidelines. Plea bargaining allows for a settlement of many an(prenominal) cases outside the court when the ii adversarial sides agree to reach an agreement (Goldstein, 1985, p. 62). In cases subjected to exculpation bargaining, either of the two sides, which are either the defendant or the prosecution, can initiate negotiations for plea bargaining, if both sides are willing to reach an agreement (Goldstein, 1985, p. 63). Plea bargaining ordinarily involves a defendant pleading guilty to some or all of the charges levied against him or her, in return for which the prosecution makes recommendations for leniency in the sentence to be awarded to the defendant (Goldstein, 1985, p. 63). The hallmark o f plea bargaining is that under no circumstances a judge is bound to honor the recommendations made by the prosecution (Goldstein, 1985). oft of the plea bargains are subject to the court approval. Though the option of plea bargaining has its positives, yet it is also predisposed to certain demerits. Plea bargaining allows a defendant to invalidate the loss of time and resources required for defending him or her (Tonry, 2000, p. 469). Plea bargaining also allows a defendant a chance to avoid stringent and harsh sentences and the accompanying negative publicity that a right trial may achieve (Tonry, 2000, p. 469). This also saves the courts the burden of carrying out a encompassing trial of all the charges brought before them. By engaging in plea bargaining, the prosecution also saves on time and resources. Besides, it goes without saying that a criminal trial involves much uncertainty and anxiety. Plea bargaining helps concerned parties to avoid such uncertainty and anxiety (Ton ry, 2000). Plea bargaining readily offers a conviction to the prosecution and allows one to shape the sentencing as per ones inclinations and aspirations (Tonry, 2000). Plea bargaining also has a favorable impact on the already overcrowded prison system. Plea bargaining also has its demerits in the sense that the detractors of this option hold that it offers to the criminals an easy way out of the criminal justice system (Saney, 1986, p. 139). The other disadvantage of plea bargaining is that it is open to the approval of the courts. If a court does not agree to an agreement achieved through plea bargaining, the case is left open to a secure trial (Saney, 1986, p. 139). Plea bargaining is also harsh on the defendants in the sense that once a defendant pleads guilty and signs an agreement reached through plea bargaining, one will be left with no option to submit an appeal at a later stage if the case goes for a full trial (Saney, 1986). Though it is pragmatic to conclude that the op tion of plea bargaining helps the courts being crippled by a deluge of trials, still the criminal justice system needs to contrive better options which would allow for the exercise of justice without weighing heavily on the scarce resources at its disposal. Luckily, besides plea bargaining, many other legal options are available to the criminal justice system. Diversion programs stand to be one such option.