Question

The written assignment this week is for you to thoroughly discuss the pros and cons of the plea bargain as used in the American court system, and to describe why the plea bargain is used so often, the mechanics of how a plea bargain comes about, and what some of the positive and negative outcomes of using it are.

For reference material, use at least your text and two or more of the following sources, and remember to identify passages in your essay where you are quoting, paraphrasing, or summarizing as well as the source you are using:

Justice Department of United States Government can you answer please be 500 words or more thank you

Department of Homeland Security

National Institute of Justice

National Criminal Justice Reference Services

Federal Bureau of Investigation (FBI)

Answer 1

Pros
1. It removes uncertainty from the legal process.
Defendants who take a plea bargain eliminate the uncertainty that a trial may bring. It is also a way to take away the maximum sentence that could be imposed if they were found guilty by a judge or a jury.
2. It creates certainty for a conviction.
Prosecutors are also gambling when they take a defendant to trial. There is always a chance that the jury will find the defendant not guilty. By agreeing to a plea bargain, it creates a certainty for a conviction.
3. It can be an effective negotiating tool.
One way to secure witnesses for a large case is to offer a plea bargain that includes testifying against another person.
4. It provides more resources for the community.
If a case is taken to trial, every police officer involved in the investigation that led to charges may be asked to testify during the proceeding. Law enforcement officers from other agencies may be called upon.
5. It reduces population levels in local jails.
Many who are awaiting trial are kept in jails at the local level. These jails are usually run by city or county officials and provide little in the way of rehabilitation, education, or therapy.
Cons
1. It removes the right to have a trial by jury.
In the United States, every person has a Constitutional right to have a trial by jury. Offering a plea bargain to avoid this trial may seem like a coercive attempt to waive those rights.
2. It may lead to poor investigatory procedures.
Since 90% of cases in many jurisdictions go to a plea bargain instead of a trial, there is an argument made that this concept leads to lackluster investigation practices.
3. It still creates a criminal record for the innocent.
4. Judges are not required to follow a plea bargain agreement.
5. Plea bargains eliminate the chance of an appeal.