Plea bargaining is a fundamental aspect of the criminal justice system that often remains shrouded in mystery for the general public. It involves negotiations between the prosecution and the defendant to reach an agreement, typically resulting in the defendant pleading guilty to a lesser charge or receiving a reduced sentence. In this comprehensive blog post, we will delve into what the advantages and disadvantages are of plea bargaining within the realm of a criminal case.

Plea Bargain Definition

Before we delve into what are the advantages and disadvantages of plea bargaining, let’s understand what a plea bargain entails. A plea bargain, also known as a plea deal or plea agreement, is a negotiated agreement between the prosecution and the defense, with the consent of the court, where the defendant agrees to plead guilty to a specific charge or charges in exchange for certain concessions from the prosecution. These concessions can include reduced charges, a lighter sentence, or even the dismissal of some charges. Plea bargains can occur at various stages of a criminal case, from pretrial negotiations to mid-trial agreements reached just prior to the trial verdict being rendered.

Now that we have a clear definition of plea bargaining, let’s consider the advantages and disadvantages to plea bargaining.

What Are the Advantages and Disadvantages of Plea Bargaining?

To begin, let’s look at the advantages to plea bargaining: 

Efficiency

One of the most significant advantages to plea bargaining is that it expedites the legal process. Trials can be time consuming, costly, and lead to case backlogs in already overburdened courts. Plea bargaining helps alleviate this burden by resolving cases more swiftly. This benefits not only the court system but also defendants, as they can move on with their lives sooner rather than later.

Certainty of Outcome

Plea bargains provide both sides with a degree of predictability. Defendants know what charges they face and what penalties to expect, whereas prosecutors can secure convictions without the unpredictability of a trial’s outcome. This can be particularly appealing in cases with weak or ambiguous evidence.

Reduced Sentences

One of the primary motivations for defendants to enter into a plea bargain is the potential for reduced sentences. By admitting guilt to a lesser charge, they may receive a more lenient punishment than they would if convicted following a trial. This can be especially crucial for individuals facing harsh mandatory minimum sentences for certain offenses.

Lesser Charges

In many cases, plea bargaining allows defendants to plead guilty to lesser charges than they originally faced. For instance, someone charged with a serious felony might be offered a plea deal for a misdemeanor. This reduction in charges can have a significant impact on a defendant’s criminal record and future prospects.

Savings on Legal Costs

Defending oneself in a criminal trial can be financially draining. Legal fees, expert witnesses, and other associated costs add up quickly. By opting for a plea bargain, defendants can save substantial amounts of money and avoid the financial strain of a prolonged trial.

Avoidance of Risk

Trials come with inherent risks. There is always a chance that a defendant could be found guilty and face more severe consequences than what was offered in a plea deal. By accepting a plea bargain, defendants eliminate this risk and gain some control over the outcome.

Avoidance of Embarrassing Testimony

In one case, a defendant accepted a plea deal that all but assured he would die of old age in prison. When pressed why he would enter into such an agreement, he acknowledged his desire to keep family members from having to provide damaging and embarrassing testimony regarding his criminal activities.

Now that we have explored what the advantages of plea bargaining are, its essential to consider the disadvantages.

Disadvantages of Plea Bargaining

Here are some known disadvantages regarding plea bargains:

Potential for Coercion

One of the significant disadvantages of plea bargaining is the potential for coercion. Defendants facing the prospect of a lengthy prison sentence may feel pressured to accept a plea deal, even if they believe they are innocent. This can lead to unjust outcomes and a perception of an unfair justice system.

Reduced Accountability

Critics argue that plea bargains can undermine accountability within the criminal justice system. When defendants plead guilty to lesser charges, they may not face the full consequences of their actions, which can be unsatisfactory for victims and the broader community.

Erosion of Trial Rights

Plea bargains require defendants to waive their right to a trial by jury and sometimes require them to waive their right to an appeal or seek post-conviction relief. This means they give up the opportunity for a fair and impartial trial, potentially leading to wrongful convictions which are difficult to challenge after sentencing.

Inequality in Outcomes

Plea bargaining outcomes can vary widely depending on factors such as the defendant’s financial resources, legal representation, and the prosecutor’s discretion. This inequality can lead to disparate outcomes in similar cases, reinforcing concerns about fairness in the criminal justice system.

Lack of Transparency

Plea negotiations typically occur behind closed doors, away from public scrutiny. This lack of transparency can raise questions about the fairness of the process, as well as the potential for corruption or favoritism.

Risk of Innocent Pleas

In some cases, innocent individuals may plead guilty to a crime they did not commit to avoid the uncertainties and risks of a trial. This tragic outcome highlights the flaws in a system that incentivizes plea deals over the pursuit of justice.

The Prosecutor’s Discretion

Not everyone is offered a plea agreement. There is no constitutional right entitling a defendant to ever receive a plea offer from a prosecutor. Weatherford v. Bursey, 97 S.Ct. 837 (1977). Any plea offer extended to a defendant is at the discretion of the prosecutor.

My Final Thoughts

Getting an answer to the question – what are the advantages and disadvantages of plea bargaining – will depend upon who you ask. Plea bargaining is a complex and often controversial aspect of the criminal justice system. It offers advantages, such as efficiency and reduced sentences, and disadvantages, including coercion and reduced accountability. Whether plea bargaining is seen as a valuable tool for resolving cases or a problematic compromise on justice depends simply upon one’s perspective.

As individuals, legal professionals, and policymakers, it is essential to understand the advantages and disadvantages of plea bargaining fully. By doing so, we can engage in informed discussions about its role in our criminal justice system and work towards reforms that ensure fairness, transparency, and the protection of all parties involved.

Plea bargaining is a multifaceted process that plays a significant role in our legal system, and its impact extends far beyond the courtroom. As we navigate the complexities of criminal justice, we must continually evaluate and strive for a system that balances efficiency with fairness, and certainty with accountability.

If you, or someone you know entered into, or are considering entering into, a plea agreement, our book, The Colossal Book of Criminal Citations, contains a section dedicated to the topic of plea agreements. Our books are softcover and institution friendly. Order your copy today, or on behalf of someone incarcerated.