Plea Bargain Revised

Plea Bargain

Nijera Wildman

CJS/251

May 16, 2015

ABSTRACT

There are some court cases in which people are tried for any crime that was committed. In some cases, there is a plea where the defendant denies the charges against him/her. If the defendant fails to enter a plea/doesn’t appear, the court must enter a plea of that the defendant isn’t guilty. In this paper, you will experience the knowledge of the plea bargain, the difference between a charge bargaining and sentence bargaining, and how the plea bargaining reflects/thwarts the crime control and the due process models of criminal justice.

Sometimes plea bargaining can include some cases with and without a trial. According to www.legaldictionary.com, the definition says “the process whereby a criminal defendant and prosecutor reach a mutually satisfactory disposition of a criminal case, subject to court approval”. For instance, there are many criminal cases that can be resolved in and out of the court. It can be done by having both sides come to a consensus, or plan. This process might be known as negotiating a plea. But in most jurisdictions, it can resolve most of the criminal cases that are in that field. But what is the difference between charge bargaining and sentence bargaining?

        There is a major difference between charge bargaining and sentence bargaining. But, what exactly is the difference between charge and sentence bargaining? According to www.expertlaw.com, the article states that “in charge bargaining, defendants plead guilty to a less serious crime than the original charge”. But in the same paragraph, the definition of sentencing bargaining says that “in sentence bargaining, they plead guilty agreeing in advance what sentence will be given; however, this sentence can still be denied by the judge”. So for example, if there is a case of car damage (breaking the windows), and the defendant(s) plead to a less serious crime, he/she will have to pay a fine, or the price for the repair. But if the defendant(s) agree in advance for whatever sentence is being delivered, the judge can overrule the demand. So, the judge gets to make the final decision either way.

        In the court system, there is some advantages and disadvantages of the plea bargain. How can there be an advantage for plea bargaining? Well, according to www.resources.lawinfor.com, the text explains that “some of the advantages that plea bargaining aids the State and Court to deal with the caseloads”. But in addition, plea bargaining decreases the work load of the prosecutors by sometimes allowing them to get ready for more serious cases by leaving petty and effortless charges in order to settle through. The second advantage of plea bargaining is that “plea bargaining is a factor in restructuring the offender by agreeing to the blame of this kind of agreement is to remove the trial’s uncertainty”. It also helps the defendant to make sure that they will not obtain more serious charges for the charged criminal acts filed against them. It’s time for the disadvantages of plea bargaining.