1) What is the purpose of a plea bargain?
The purpose of a plea bargain is to ensure that the defendant gets a minimum sentence if they plead guilty ("Plea bargain," 2016). At the same time, aside from it being a controversial issue, it conserves resources in the criminal justice system.
2) According to the Office of United States’ Attorneys, "When the Government has a strong case, the Government may offer the defendant a plea deal to avoid trial and perhaps reduce his exposure to a lengthier sentence."
A. Do you agree with this statement? Why or why not?
I agree with this statement. For the government to have a strong case against the defendant, it means that there is substantial evidence incriminating the defendant. Therefore, it is normal for the government to offer a plea bargain so as to reduce the time taken in trial and the resources involved by reducing the cost of criminal prosecution.
B. Are there other reasons why the government might pursue a plea bargain?
There is a need to reduce the overcrowded courts hence the need of plea bargains. It is also vital in reducing the workload on prosecutors, therefore, giving them more time to work on more severe cases (Schmalleger, 2014).
3) Many believe plea bargaining allows for a more streamlined criminal justice system--that it reduces the backlog of cases awaiting trial and speeds up the system. Others claim "without plea bargaining the number of cases coming to trial would remain the same or be reduced."
A. Why would the elimination of plea bargaining reduce the number of cases coming to trial?
The claim that reduced plea bargaining would lessen the cases, or they would remain the same is justified (Devers, 2011). This is because the prosecutorial budget would only allow prosecution of cases with a substantial evidence since clearly, very few innocent defendants will plead guilty. Also chronic and violent offenders are less likely to receive lenient punishment even if they plead guilty.
B. Does the existing research justify the claims that eliminating plea bargaining would result in a reduction of cases?
Current research has not warranted the fact that eliminating plea bargains would reduce the number of cases. Instead, it has presented the fact that some defendants are threatened into pleading guilty and also prosecutorial biases may be faced by the defendants (Devers, 2011). Existing research also has it that those who go to trial are likely to have a harsher sentence compared to those who plead guilty.
4) What legal and extralegal factors increase the likelihood of defendants accepting a plea bargain?
Legal factors that increase the chances of defendants accepting a plea bargain are; the seriousness of the offense, the strength of available evidence, prior record of the offender and detention status of the offender. Extralegal factors that increase the likelihood of defendants accepting a plea bargain are; race, gender, age and socioeconomic status (Devers, 2011).
5) Is plea bargaining constitutional? What limitations on plea bargaining has the Supreme Court imposed
Plea bargaining is legal, and its constitutionality was established in 1970. The confession should be free and voluntary, not coerced or obtained under some threat; this should be carefully determined in a factual state ("Robert M. BRADY, Petitioner, v. UNITED STATES.", 1969). The defendant should also be aware of the consequences of their actions when they plead guilty.
References
Devers, L. (2011). Plea and Charge Bargaining: Research Summary (1st ed., pp. 1-3). Wilson, Boulevard. Retrieved 13 July 2016, from https://www.bja.gov/Publications/PleaBargainingResearchSummary.pdf
Plea bargain. (2016). LII / Legal Information Institute. Retrieved 13 July 2016, from https://www.law.cornell.edu/wex/plea_bargain
Robert M. BRADY, Petitioner, v. UNITED STATES. (1969). LII / Legal Information Institute. Retrieved 13 July 2016, from https://www.law.cornell.edu/supremecourt/text/397/742
Schmalleger, F. (2014). Criminal Justice (10th ed., pp 223-258). Boston: Pearson. Retrieved 13 July 2016, from http://reader.chegg.com/book.php?id=f2f6a1f91a922f1c2271cd871f2358be
