Plea bargaining is a fundamental aspect of the criminal justice system, serving as a mechanism to expedite the legal process and resolve cases efficiently. It involves negotiations between the prosecution and the defendant, where the defendant agrees to a lesser charge or receive a reduced sentence in exchange for avoiding a full trial. This plea bargaining process has pros and cons that affect not only the accused but also the overall functioning of the justice system.

In this blog post, we will delve into the intricacies of plea bargaining pros and cons. We will define what plea bargaining is, illustrate how it works with examples, explain why not all defendants are guaranteed this option, and analyze the ethical and practical implications of the plea bargaining practice.

Plea Bargain Definition

Before delving into plea bargaining pros and cons, let’s grasp what plea bargaining is and how it works. Plea bargaining, often called a plea negotiation or a plea agreement, is a legal process wherein the prosecution and the defendant come to an agreement outside of a trial. The defendant agrees to plead guilty to a specific charge or charges in exchange for concessions from the prosecution, which may include a reduced sentence, dropping certain charges, or recommending a lenient punishment to the judge on behalf of the defendant.

Analyzing Plea Bargaining Pros and Cons

There are several benefits to the plea bargaining process. Some of those advantages are:

Efficiency and Reduced Caseload

One of the primary advantages of plea bargaining is that it significantly reduces the burden on the court system. Trials can be time-consuming and expensive, and by resolving cases through plea bargains, the justice system can allocate its resources more efficiently.

Certainty for Defendants

Defendants who choose to plea bargain have a degree of certainty about their sentence. They know what punishment they will face, unlike the uncertainty of a trial where a conviction might result in a more severe sentence.

Cooperation With Law Enforcement

In some cases, plea bargains can encourage defendants to cooperate with law enforcement in ongoing investigations. This cooperation can lead to the apprehension of other criminals or the recovery of stolen property, benefiting communities and making them safer.

There are also disadvantages associated to the plea bargaining process. Some notable problems include:

Injustice and Coercion

Critics argue that plea bargaining can lead to an injustice because defendants might feel coerced into accepting a deal, even if they are innocent, merely to avoid the risk of harsher sentences if they proclaim their innocence and then proceed to trial.

Lack of Transparency

Plea bargains are often negotiated behind closed doors, and the public may never know the full details of a case. This lack of transparency can erode public trust in the justice system.

Inequality

Not all defendants have equal access to plea bargains. Factors such as race socio-economic status, and legal representation can influence the likelihood of receiving a favorable plea offer, leading to disparities in sentencing.

Understanding How Plea Bargaining Works

Let’s consider a few examples to understand how plea bargaining operates in real-life scenarios:

Drug Possession Case

John was a defendant arrested for the possession of a controlled substance, a felony that carried a lengthy prison sentence if convicted at trial. With effective counsel, John’s lawyer negotiated a plea bargain with the prosecution. In exchange for John’s guilty plea, the prosecution agreed to reduce John’s charge to a misdemeanor and agreed to recommend probation to the court, instead of prison time.

Robbery Case

Sarah was a defendant charged with robbery, a violent felony. Through plea negotiations, Sarah agreed to plead guilty to a lesser charge of theft which resulted in a shorter prison sentence. This not only spared her the potentially longer sentence but also avoided a lengthy and complex trial for the prosecution.

White-Collar Crime

David was facing charges of employer embezzlement which could have lead to substantial fines and imprisonment if proven in court. Through a plea bargain, he agreed to pay restitution, return stolen property, and then plead guilty to a lesser offense, in exchange for a reduced sentence. David was able to avoid the public humiliation for his family and spend less time behind bars.

Plea Bargains Aren’t Always Available

When considering plea bargaining pros and cons, its important to note a plea agreement isn’t always available. While plea bargaining is a common practice, one isn’t always offered to every defendant, making it a disadvantage compared to those who get to enjoy the benefit of a plea bargain. Notably, there is no constitutional right entitling a defendant to be extended 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 prosecution. Several factors can influence whether a plea bargain will be offered to a defendant. Some common factors include:

Strength of Evidence

If the prosecution believes they have strong evidence against the defendant, they may be less inclined to offer a plea bargain. The prosecutor may be quite confident in their ability to secure a conviction at trial.

Prosecutorial Discretion

Prosecutors have wide discretion in deciding whether to offer a plea bargain. In deciding whether or not to offer a plea bargain, they consider factors like the seriousness of the offense, the defendant’s criminal history, and the public interest.

Defendant’s Willingness

Defendants must voluntarily agree to plead guilty. If a defendant insists on going to trial, even when a plea bargain is offered, it may not be pursued further.

Public Interest

In cases of heinous crimes, or a case highlighted through media coverage, the prosecution may believe justice can only be served through a trial, rather than a plea bargain.

Ethical and Practical Implications Associated With Plea Bargains

The practice of plea bargaining raises ethical questions about the justice system. Critics argue that it can undermine the pursuit of truth in court, as defendants may admit guilt even if they are innocent to avoid the risks of trial.

Additionally, the reliance on plea bargaining may lead to overcrowded prisons, as more defendants accept plea deals to avoid the uncertainty and potential harshness of trial. This overcrowding can strain resources and impact the rehabilitation of offenders.

My Final Thoughts

Plea bargaining pros and cons exist in nearly every case. Plea bargaining is a complex and multifaceted aspect of the criminal justice system. While it offers advantages in terms of efficiency, certainty for defendants, and cooperation with law enforcement, it also has significant disadvantages related to injustice, lack of transparency, and inequality.

Moreover, the fact that not all defendants are guaranteed plea bargaining benefits raise important questions about the fairness and integrity of the system. It is crucial for society to engage in ongoing discussions about the role of plea bargaining in our legal system and explore ways to mitigate its shortcomings while preserving its benefits. Ultimately, the balance between expediency and justice remains a challenge that our legal system must address in the pursuit of a fair and equitable society.

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.