Law Plea Bargain Essay

When somebody is charged for criminal action, the only aim he or she has is to reduce the potential penalty. In order to minimize the risks at the trial the defendants usually choose to come to an agreement with the prosecutor. According to the definition a plea bargain is a process of negotiation between the defendant and his attorney on one side and the prosecutor on the other. In this case the defendant agrees to plead guilty or no contest to the crime. In exchange he or she may receive a reduction of the severity of the charge, dismissal of other charges and other benefits.
Many specialists of the law are criticizing the plea bargain, although it is widely used. For the defendant, the most important benefit of plea bargain is to eliminate the uncertainty of a criminal trial and to avoid the highest sentence. They take the advantage of time and money saving while not having to defend themselves at a trial. As for the society, the benefits from plea-bargaining is that the agreements reduce court overcrowding and give the prosecutors more time to handle other important cases.
The prosecutors are very pleased to have a lightened load of cases. But a plea bargain plays more important role as it assures a conviction, even if it is for a smaller charge or crime. The prosecutors can also use a plea bargain to forward their case against a co-defendant. They receive a plea bargain arrangement from one defendant and in return damage testimony against another. In this case, they are assured of at least one conviction and increase the chances of winning a conviction against another defendant.
However, there are some dangers that can arise while using the plea bargain. First of all, a guiltless defendant may be pressured into a confession and plea out of fear of a severe penalty if he is being found guilty. It is also risky that particularly vicious criminals will get lenient treatment and be back "on the street" in a short time. And also when using a plea bargain agreement it can lead to an unequal treatment.
Some attorneys and judges believe that a plea bargain has led to the fact that the police do not take a proper time and effort when doing their investigations and attorneys who do not prepare their cases correctly. They also believe that instead of buying justice or freedom, the parties concentrate on making a bargain and the details of what happened and the legal consequences for the actions become less important.
Many attorneys and judges also think that a plea bargain is unacceptable because it takes away a defendant’s right to have a full procedure at the trial. However, the plea bargain will remain constitutional as the defendant keeps the right to a trial by jury. Plea-bargaining can have advantages for the defendants and the society, whose interest is defended by the government prosecutor. Thus, it is crucial that both the defendant and the prosecutor carefully weigh their alternatives before achieving a plea bargain agreement.
Therefore, I believe that a plea bargain agreement is an unfair process, which in other words is a shortcut to freedom. This agreement gives the defendants an opportunity to avoid the actual criminal charges. Any defendants that have been accused for criminal actions should be fully charged according to the criminal law. And those who are not guilty for any criminal actions should prove their innocence in the court of law. Thus, I can conclude that a plea bargain can be also defined as a “legal bribe” in a lawful way, where any defendants can use it in their own interests.