Plea Bargaining

Use any scholarly references to complete the prompt(s) listed below. The order must adhere to APA format, the initial response MUST be at least 250 words, and it MUST also include a 150-word response to EACH of the student’s posts. These responses should add to the conversation and not critique the student’s writing, grammar, or structure (stick to the facts). Also, try to compare their work to yours when possible.

Prompt(s),
Discuss what plea bargaining is and what its purpose is. What are some of the controversies surrounding it? Should we abolish that process, revamp it, or keep it the same? Please be sure to include examples add support for your opinion.

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Student posts,
Kaitlyn
Plea bargaining is when two sides discuss what can be done to change the guilty sentence. “Bargains are rarely a one-shot deal and may be negotiated many times as evidence becomes known and the case unfolds” (Siegel & Worrell, 2018, p 395). During these negotiations, charges may be reduced such as the number of counts, “… the prosecutor may alter the charge to a more socially acceptable one in exchange for a plea of guilty” (Siegel & Worrell, 2018, p 394). Although this sounds great for the criminal, the issue has a lot of cons. There are many problems with false confessions and legal issues that follow promises made during the bargaining. One major issue is that if someone is innocent, it encourages them to plead guilty for a lighter sentence. The book also states that, “It encourages defendants to waive their constitutional right to trail” (Siegel & Worrell, 2018, p 397). Lawyers came up with the idea of the guilty plea because they believed most of the people they were defending was guilty. (Siegel & Worrell, 2018, p 397).
I don’t think the process should be abolished, because I do see the good in it. Sometimes the court can be pretty harsh, so I think the bargaining process is acceptable. I do, however, think the system should be revamped. I don’t think it should be looked at as the easy way out, it needs to be changed in a way where people don’t see pleading guilty as their best way out.

Monica
Before one is to go to trial, they may be offered a chance to plead guilty in exchange for a difference in charges, this is known as plea bargaining (Siegel & Worrall, 2018). Truthfully it is actually fairly likely that one will be offered this opportunity because the majority of cases are settled through this process (Siegel & Worrall, 2018). One of the purposes of this strategy is to lessen the load of cases for the courts, the prosecutors, and the defense attorneys because trials can take a lot of time (Siegel & Worrall, 2018). Another reason why plea bargaining is used is because it requires less resources be used, and it reduces funds (Siegel & Worrall, 2018). To the benefit of the defendant, if truly guilty, negotiating can possibly keep them out of jail or reduce their time in jail, as well as other agreements (Siegel & Worrall, 2018). A concern towards plea bargaining is that it may result in a reduced sentence for someone who is dangerous, which I agree is not an ideal situation and should be avoided, but if the case goes to trial and the jury finds the dangerous person innocent, then they are free, and they do not have any consequences (Siegel & Worrall, 2018). To me, it really depends on the evidence and other factors that determine the strength of the case when deciding to take a case to trial or not, but if the defendant is dangerous, I think the prosecutor should try their best to avoid a plea agreement. There are additional controversies that have similar back and forth arguments attached to them. There are suggestions for how to reform plea-bargaining, a number of them relating to better education of the defendant on the process of negotiation, and their rights, as well as the presence of their attorney during the bargaining (Siegel & Worrall, 2018). Plea bargaining comes with many pros and cons, but I think with the benefits that it brings to the justice system it should be revamped rather than abolished.

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