Criminal

Sean Santiago

Plea Bargaining

Advantages

* may result in the elimination of a fine

* may result in the elimination of a jail or prison term

* may result in the reduction of a fine

* may result in the reduction of a jail or prison term

* additional charges may be dismissed against the defendant

* resolution of the matter more quickly than having a trial

* may result in fewer convictions on one’s criminal record

* may avoid publicity

* saves the court time and money

* Plea-bargaining offers many benefits to both the defendant and the criminal justice system as a whole.

* For judges, the key incentive for accepting a plea bargain is to alleviate the need to schedule and hold a trial on an already overcrowded docket.

* plea bargaining assures a conviction, even if it is for a lesser charge or crime

* For prosecutors, a lightened caseload is equally attractive

Disadvantages

* plea bargaining assures a CONVICTION, even if it is for a lesser charge or crime

* Although plea bargaining is often criticized, more than 90 percent of criminal convictions come from negotiated pleas.

* The full measure of the law is not upheld...the sentencing is not equal to the crime.

* some innocent defendants may accept a plea bargain based upon a fear of the penalty if convicted

* a habitual criminal offender may end up back to the public to commit the same or a more serious crime

* Other defendants get a break while the others get the shaft even though they are equally guilty.