In: Psychology
Why is the practice of plea bargaining considered to be a necessary evil?
The two words associated with the criminal justice system that are more maligned & misunderstood than "plea bargain." Many crime victims despise those two words even more than "not guilty." Politicians from city counsel to the United States Senate de -ride the system because of the "underhanded" deals made with vicious criminals
The plea bargaining is a coercive tool used by prosecutors to avoid trial. The people who complain that the right to trial by jury is being usurped by prosecutors are the people who've built nearly insurmountable expectations with regard to trial. Whether it's attacking the reliability of eye witness identification or demanding an unequivocal DNA connection in every case, those who advocate for trial by jury for everyone have made trial for anyone an onerous and cumbersome process.
The plea bargain is an agreement between an accused & the prosecutor. that any negotiated agreement there is a give and take. The accused receives a reduction in the charges or a more lenient sentence. In exchange for leniency the system is saved from a costly and time consuming trial.The plea bargain, is not popular is a much needed tool in the administration of justice. If it were to disappear, the criminal courts would grind to a halt.
The plea bargain, is not popular & is a much needed tool in the administration of justice. If it were to disappear, the criminal courts would grind to a halt.
COMPELLING REASONS:There are other compelling reasons for plea bargain. Prosecutors are i familiar with the strengths & weaknesses of every case. There are situations where a plea to a lesser offense is better than a guilty defendant moving free ly out. A reluctant witness or a poor witness may influence a plea negotiation.
There are many protections afforded individuals of accused of a crime. Some a good intentioned police officer may cross the line. An interview or interogate that continues after an accused has requested a lawyer or the search of a residence without a search warrant can result in inadmissible evidence. The influence of such rulings can have a dramatic impact on plea negotiatitions
Daily justice requires a prosecutor to hold her nose when dealing with a criminal, while at the same time holding the hand of a traumatized victim.