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

Plea Bargaining - set about ExampleBesides, the delay of justice inherent in legal trials will in like manner practically criterion to a denial of justice. Therefore, plea negociate is a legal option when a defendant willingly agrees to settle a particular case under certain conditions and guidelines. Plea negociate allows for a closure of many cases outside the lawcourt when the two adversarial sides agree to reach an agreement (Goldstein, 1985, p. 62). In cases subjected to plea bargain, each of the two sides, which atomic number 18 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 usually involves a defendant pleading hangdog to some or all of the charges levied against him or her, in return for which the prosecution makes recommendations for leniency in the execration to be awarded to the defendant (Goldstein, 1985, p. 63). The hallmark of pl ea bargaining is that under no circumstances a test is bound to honor the recommendations made by the prosecution (Goldstein, 1985). Much of the plea bargains are subject to the court approval. Though the option of plea bargaining has its positives, yet it is excessively predisposed to certain demerits. Plea bargaining allows a defendant to avoid 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 damaging publicity that a full trial may achieve (Tonry, 2000, p. 469). This also saves the courts the burden of carrying out a full 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 fell trial involves much uncertainty and anxiety. Plea bargaining helps concerned parties to avoid such uncertainty and anxiety (Tonry, 2000). Plea bargaining readily offers a sentence 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 understanding 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 disfavour of plea bargaining is that it is open to the approval of the courts. If a court does not agree to an agreement achieved done plea bargaining, the case is left open to a full 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 by means of 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 terminate that the option 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 firmly on the scarce resources at its disposal. Luckily, besides plea bargaining, many other legal options are ready(prenominal) to the criminal justice system. Diversion programs stand to be one such option.