Trial vs. Plea Bargaining
Trial
The oldest and most well-known form of dispute resolution in criminal cases is the jury trial (Kadri, 2005). Certainly, the jury trial is the fundamental dispute resolution mechanism of the American adversarial legal system. In fact, the core principle of the criminal justice system holds that disputes are most effectively resolved when the parties in contention are made responsible for: (1) investigating and gathering their own evidence and (2) presenting their own arguments to a neutral and passive lay decision-maker who decides which party presented the most convincing argument (Kadri, 2005). Furthermore, the entire process is subject to ...