Law Assignment: Plea Bargaining Analysis in Criminal Justice System

This essay critically examines plea bargaining within the context of criminal justice, addressing the central argument that its disadvantages outweigh its advantages and that it should be abolished. It begins by defining plea bargaining and its role in the trial process, followed by an overview of the adversarial system and the regulation of plea bargaining. The essay then delves into the advantages and disadvantages of plea bargaining, considering its impact on the legal process, certainty of convictions, resource allocation, and jail populations. Furthermore, it explores the disadvantages, including the removal of the right to a trial by jury, potential for poor investigatory procedures, and the creation of criminal records for the innocent. The essay concludes by summarizing the arguments and emphasizing the need to balance the benefits and drawbacks of plea bargaining, including the need for ethical considerations and the protection of individual rights within the criminal justice system, as well as referencing relevant academic literature.

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.

using the system makes judicial proceeding attain more strength and effectiveness. Further the
system has helped in protecting of judiciary in relation to unwanted dispute existing within
society. Judges makes motion of trial process created in more effective manner with the help of
evidences which makes dispute to be solved in better manner. Common law is required to be
used for using innovative techniques for making trial proceeded in more relevant manner.
Common law helps in conducting of validity of evidences in proper manner.
Advantages and Disadvantages of Plea Bargaining
Advantages
1. It removes uncertainty from the legal process: This is one of the most important
advantages accruing within the process of trial. It helps in reducing unnecessary burden
by making sure that legal process is been ease down. Further it helps in making process
of trial conducted in more effective manner.
2. It creates certainty for a conviction: Under it prosecutor through making defendant trial
which makes jury to find defendant not guilty. By agreeing to a plea bargain, it creates a
certainty for a conviction. It gets that person off the street or assigns a penalty that can
still bring a measure of justice. That allows prosecutors to pursue other cases because
they have more time.
3. It can be an effective negotiating tool: Such advantage helps in providing security to
witnesses in important cases which offer plea bargaining which involves testing another
person. Further the process helps in allowing prosecutor within a particular case which
makes maximum sentence against person over crime committed by an individual
4. It provides more resources for the community: This is another advantage which
means helping police conduct investigation over a case. In thus charges can be framed
through testing upon the witnesses and matching evidences with it. Further it makes law
enforcement possible in more effective manner.
5. It reduces population levels in local jails: It is another kind of advantage which helps
in stopping overcrowding of local jails. Plea bargaining helps in finishing trial in easy

manner. Since plea bargaining helps in reducing jail sentence for a offender. Also it gives
chances to victims for becoming good person and help society to grow.
Disadvantages:
1. It removes the right to have a trial by jury: This is one of the major disadvantage
which makes right to have trial reduced by judiciary.3 Through offering plea bargaining
the real sense of justice is also lost. Further it makes partiality to be created which makes
right to have trial is reduced.
2. It may lead to poor investigatory procedures: This is another disadvantage which
makes plea bargaining given at times instead of trial. Further it makes case not to be plea
in proper manner. It makes judiciary secure but does not make argument takes place at
times.
3. It still creates a criminal record for the innocent: An innocent person may agree to a
plea bargain to cut their losses. That agreement means they will have a criminal record.
They may be asked to serve time in prison. There may be fines or restitution to pay. Even
if a plea bargain isn’t accepted, there may be legal expenses to pay that may be greater
than the cost of what a bargain offers, which leads to an acceptance of a deal.
4. Judges are not required to follow a plea bargain agreement: This is one of the
disadvantages since it make basic of justice to be disturbed. Also it does not allows
judges to give full sentence in relation to trial.
5. Plea bargains eliminate the chance of an appeal: If a case goes to trial and a
defendant loses, there may be several grounds upon which an appeal may be filed.
Because a plea bargain requires a defendant to plead guilty to the charges, even though
they are reduced, it eliminates the ability to file an appeal in almost any circumstance
(Garland, 2018).
3 Steinberg, L., 2017. Adolescent brain science and juvenile justice policymaking. Psychology, Public Policy, and
Law. 23(4). p.410.
Torres, S.A and et. al., 2018. Immigration

CONCLUSION
From the above discussion it can be concluded that plea bargaining is the process by
which accused is been provided right over writing guilty plea in order to make reduction of the
sentence that has been passed within the judgement. Further the file covers about regulations in
relation to the plea bargaining process. Then adverse system has been explained which helps in
making bargaining of plea to be made in more faire manner. Also it seeks that fairness is been
made in relation over the process followed within guilty plea. Then various kinds of guilty plea
is explained and in the end advantages and disadvantages is been told with reason for abolishing
plea bargaining.

REFRENCES
Books and Journals
Garland, D., 2018. Theoretical advances and problems in the sociology of punishment.
Punishment & Society. 20(1). pp.8-33.
Kassin, S.M., 2017. False confessions: How can psychology so basic be so counterintuitive?.
American Psychologist. 72(9). p.951.
Newman, J., 2017. Deconstructing the debate over evidence-based policy. Critical Policy
Studies. 11(2). pp.211-226.
Steinberg, L., 2017. Adolescent brain science and juvenile justice policymaking. Psychology,
Public Policy, and Law. 23(4). p.410.
Torres, S.A and et. al., 2018. Immigration policy, practices, and procedures: The impact on the
mental health of Mexican and Central American youth and families. American
Psychologist. 73(7). p.843.
Walters, G.D. and Bolger, P.C., 2019. Procedural justice perceptions, legitimacy beliefs, and
compliance with the law: A meta-analysis. Journal of experimental Criminology. 15(3).
pp.341-372.
Zych, I., Farrington, D.P. and Ttofi, M.M., 2019. Protective factors against bullying and
cyberbullying: A systematic review of meta-analyses. Aggression and Violent Behavior.
45. pp.4-19.
Schwartz L, 'Reform Of The Federal Criminal Laws: Issues, Tactics, And Prospects' (2021) 41
Law and Contemporary Problems
Steinberg, L., 2017. Adolescent brain science and juvenile justice policymaking. Psychology,
Public Policy, and Law. 23(4). p.410.
Torres, S.A and et. al., 2018. Immigration policy, practices, and procedures: The impact on the
mental health of Mexican and Central American youth and families. American
Psychologist. 73(7). p.843.
Walters, G.D. and Bolger, P.C., 2019. Procedural justice perceptions, legitimacy beliefs, and
compliance with the law: A meta-analysis. Journal of experimental Criminology. 15(3).
pp.341-372.
Zych, I., Farrington, D.P. and Ttofi, M.M., 2019. Protective factors against bullying and
cyberbullying: A systematic review of meta-analyses. Aggression and Violent Behavior.
45. pp.4-19.