Plea Bargaining: Advantages and Disadvantages

Law Contemporary Issues in
Criminal Justice Law Policy
and Practice
INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
Plea bargaining............................................................................................................................3
Guilty Pleas and the Adversarial CJS..........................................................................................4
Abolition of Plea Bargaining.......................................................................................................4
Advantages and Disadvantages of Plea Bargaining...................................................................4
Disadvantages:.........................................................................................................................5
CONCLUSION................................................................................................................................6
REFRENCES...................................................................................................................................7

INTRODUCTION
Criminal justice is the process by which a person committing criminal offence gets
punishment with the help of judiciary. Such justice is been provided in relation to cases of
criminal justice. Criminal justice also helps in maintaining of balance within society and is
responsible for providing justice to victim. Scope of criminal justice if wider since it helps in
punishing individual commenting crime. Nature is dynamic since it has tendency to impact
justice process. The following file is based over plea bargaining which is part of trial process and
things related to plea bargaining if required to be covered. Then in the file plea bargaining
regulation is covered. In the end advantages and disadvantages of plea bargaining has to be
explained.
MAIN BODY
The disadvantages of plea-bargaining far outweigh its advantages. Plea-bargaining should
be abolished.” Discuss
Plea bargaining
1This is an agreement which is used within criminal law proceedings that makes
prosecutor providing concession over defendant over exchanging of plea guilt that has been
made. Further it means that defendant is plead guilty in less serious charges over various kinds of
charges in relation to return of defendant pleading guilty over particular offence. Under it
defendant likely to plead guilty only when the charge is less serious and also defendant is likely
to plead guilty over more serious criminal charges in return for a more lenient sentence. Plea
bearing allows both parties for avoiding lengthy trials in relation criminal cases and makes
avoiding of risk in relation to conviction at trial in relation to serious charges. This can be
understood with the help of example that is within United States over criminal defendant that has
been charged in relation over felony theft charge. The conviction requires to makes
imprisonment offer over opportunity in order to plead guilty and cannot carry custodial sentence.
In cases such as an automobile collision when there is a potential for civil liability against
the defendant, the defendant may agree to plead "no contest" or "guilty with a civil reservation",
which essentially is a guilty plea without admitting civil liability. Plea bearing is presented over
1 Garland, D., 2018. Theoretical advances and problems in the sociology of punishment. Punishment & Society.
20(1). pp.8-33.

dilemma defence attorneys and is required over choosing within seeking over helping out clients
in future. This can be understood with help of example that defence attorneys is required to
maintain ethics within the bar for defending client’s interests upon in order to serve proper
justice to individual living within society. Violating of such rules makes violation of disciplinary
actions which makes defence attorney take appropriate decision with the help of state bar
council.
Abolition of Plea Bargaining
2Plea bargaining should be abolished due to various factors like it impacts judicial system
of a country in delivering true justice. Also it makes delaying within justice system which
includes right trial to be collapsed. Plea bargaining allow criminals to defeat justice, thus
diminishing the public's respect for the criminal justice process. It makes practices over giving
criminal which makes plea bargaining done over unjust sentences which makes punishment
reduced. Also plea bargaining lead over reducing ethical value of court and can make guilty
people freed by serving less sentence of imprisonment. Adversarial system is that kind of legal
system that is used within those countries where common law is applicable. In this both side
advocates which represent parties within the case makes impartiality created in relation over
judgement to be passed by judges in relation to case where judgement require to be passed. It
helps in creating fairness within the system of justice as per the requirement of case. Judges
makes fairness with transparency created over process of justice. The system is two-sided
structure which makes criminal trial to be operated in making prosecution in more effective
manner. An accused is not required over giving evidences within criminal proceedings since they
cannot be questioned by prosecutor. Also can be found guilty in the case on the basis of evidence
presented earlier through cross examination validity of the evidences can be checked with more
efficiency. Further judges are required over protecting individual’s right during the time of cross
examination in relation to person’s position. Such decision makes evidences to be checked
through maintaining of fairness within adversarial system which makes manipulation of truth
possible. Certainly, it requires the skills of counsel on both sides to be fairly equally pitted
and subjected to an impartial judge (Steinberg, 2017). In adversarial system it has to be ensured
that fair play in relation over process of trial is been formed and justice is served. Judges through
2 Newman, J., 2017. Deconstructing the debate over evidence-based policy. Critical Policy Studies. 11(2). pp.211-
226.