Pros & Cons Of Plea Bargaining

The criminal justice system can be quite complex and daunting for those involved. One aspect of the system that can significantly impact the outcome of a criminal case is plea bargaining. This process is also commonly known as a plea deal or a plea bargain.

So, what is a plea deal? The plea bargain process is a negotiation between the prosecution and the defendant’s attorney, where the defendant agrees to plead guilty in exchange for a reduced sentence or a lesser charge.

While plea bargaining can offer many benefits, such as reducing the number of trials and providing swifter justice, there are also several drawbacks to consider. In this article, we will explore plea bargains’ pros and cons and provide you with further insight to help you better understand the plea bargaining process. By the end of this article, you will have a better understanding of plea bargaining and its impact on the criminal justice system.

 

Types Of Plea Bargains

• Count Bargaining: Did you know that in count bargaining, a defendant may plead guilty to only some of the charges that are made against them while the prosecution agrees to drop the remaining charges? Count bargaining is often classified under charge bargaining, and it can be an effective strategy for both the defendant and the prosecution in criminal cases.
• Charge Bargaining: By agreeing to plead guilty to a less serious crime than the one they were originally charged with, or the most serious charge against them, the defendant can potentially receive a lighter sentence or avoid a lengthy trial. It’s a delicate legal maneuver that can have significant consequences for both the defendant and the prosecution.
• Sentence Bargaining: In simple terms, the defendant has agreed to plead guilty or “no contest” to the charges brought against them. However, in saying this, the prosecution and defence teams have already agreed on what sentence the prosecution will recommend. So, in essence, the defendant is taking a calculated risk, hoping that the judge will be lenient and go along with the recommended sentence. 
• Fact Bargaining: The defendant bargains with the prosecutor for a reduced sentence by admitting to certain facts that led to their conviction while avoiding other facts that would have increased their punishment.

 

Pros Of Plea Bargaining

• Reduce Court Congestion, Save Time & Resources

One of the main advantages of plea bargaining is that it can significantly reduce court congestion and save time and resources. By allowing defendants to plead guilty to a lesser charge or a reduced sentence, plea bargaining can help clear the court backlog and reduce the number of cases that go to trial. This, in turn, can lead to faster resolutions of cases, less time spent in court, and reduced costs for both the prosecution and the defence.

According to statistics from the Australian Bureau of Statistics, over 90% of criminal cases in Australia are resolved through plea bargaining, with only a small percentage of cases going to trial. This demonstrates the effectiveness of plea bargaining in reducing court congestion and improving the overall efficiency of the justice system.

• Increase Efficiency Of The Justice System

In addition to reducing court congestion, plea bargaining can also increase the efficiency of the justice system. By allowing defendants to plead guilty to a lesser charge or a reduced sentence, plea bargaining can help the prosecution focus its resources on more serious cases while also enabling defendants to take responsibility for their actions and move on with their lives.

• Offer Quicker Resolutions For Victims & Their Families

Another benefit of plea bargaining is that it can offer faster resolutions for victims and their families. By resolving cases more quickly and efficiently, plea bargaining can help victims and their families move on from the trauma of the crime and avoid the stress and uncertainty of a trial. This can particularly be important in cases involving vulnerable victims, such as children or the elderly.

• Can Potentially Lead To Lesser Charges And/Or Lighter Sentences

One of the most notable advantages of plea bargains is that defendants have the potential to receive reduced charges and/or less severe sentences. By negotiating a plea agreement with the prosecution, defendants can avoid the risk of a harsher sentence at trial and can even have a likely chance of reducing the impact of the charges on their record as well as future prospects.

Plea bargaining can enable defendants to avoid the long-term consequences of a criminal conviction. For example, in some cases, defendants may be able to negotiate a plea deal that allows them to avoid a felony conviction or other serious consequences, such as the loss of a professional license.

 

Cons Of Plea Bargaining

• Can Lead To Individuals Pleading Guilty To Crimes They Did Not Commit

The potential for innocent individuals to plead guilty to crimes they did not commit due to plea bargaining is a significant concern in the criminal justice system. In some cases, innocent defendants may plead guilty because they believe it is the only way to avoid the risk of a harsher sentence if they go to trial. In other cases, defendants may feel coerced or pressured by prosecutors or their own defence attorneys to accept a plea bargain.

In Australia, there have been cases where innocent individuals have pleaded guilty to crimes they did not commit due to plea bargaining. For example, in 2002, a man named Andrew Mallard was wrongfully convicted of murder and sentenced to life in prison based on a false confession he made under police investigation. Mallard later retracted his confession and was eventually exonerated in 2006, but only after spending 12 years in prison.

• May Not Be Fair To All Defendants

Another disadvantage of plea bargaining is that it may not be fair to all defendants, especially those who cannot afford a good attorney. Defendants who have limited financial resources may not be able to afford a competent defence attorney to negotiate a plea bargain on their behalf. This can result in some defendants receiving harsher sentences than they would have if they had better legal representation.

• Can Result In Inadequate Sentences That Do Not Reflect The Severity Of The Crime Committed

Additionally, a plea bargain can result in inadequate sentences that do not reflect the severity of the crime committed. When prosecutors and defence attorneys negotiate plea bargains, they may overlook critical aspects of the case, such as aggravating or mitigating factors that could impact the sentence. This can result in some defendants receiving lighter sentences than they deserve.

• Can Undermine The Trust Of The Public In The Justice System

Plea bargaining can undermine the trust of the public in the justice system. When defendants are allowed to plead guilty to lesser charges or receive reduced sentences, it can make it seem like justice is not being served. This can erode public confidence in the legal system and undermine the legitimacy of the court’s decisions.