Argument: We Should Reduce The Use Of Plea Bargaining
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...in courts today; they are done because the backlog of cases is so immense that it’s not possible to schedule trials for all of them. This paper argues that there are too many plea bargains used, and gives an example of a plea bargain that ended up convicting an innocent person.
Discussion
Although they are used frequently, there is no consensus about the ability of plea bargaining to provide justice (LaFree, 1985, p. 289). A plea bargain is struck when all parties agree to allow the defendant to plead guilty to a lesser charge, thus (usually) resulting in a lesser sentence and a far quicker resolution of the case. But critics of plea bargains argue that the process deprives defendants of due process rights and procedural safeguards (LaFree, 1985, p. 289). After all, the right to a speedy and public trial is guaranteed by the Constitution, and those rights are abandoned when a defendant agrees to a plea bargain.
However, those in favor of the concept argue that...
References:
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