Criminal Justice Paper

The Good, the Bad and the Ugly of Plea Bargaining

Christina Todd

CJA/224

May 7, 2012

Peter Helfer

The Good, the Bad and the Ugly of Plea Bargaining

Plea Bargaining can be a good thing, it can be a bad thing, or it can be downright ugly. Depending on the circumstances, the case, the victims, the offender, or accused. It can save some from a lengthy, possibly embarrassing trial or it can be cause for national attention and public outrage. Even though it is usually considered a deal that is entertained and quite possibly sought after by the prosecutor to the defense, ultimately it is up to the accused to accept or decline this deal. Some who proclaim their innocence will turn this down in favor of a trial with a jury of their peers. Some will take it to get a lighter sentence. Some take it to avoid a lengthy trial that will only prove their guilt.

Plea-bargaining in simpler terms is the process whereby a criminal defendant and prosecutor reach a mutually satisfactory disposition of a criminal case, subject to court approval. A plea bargain can never be complete unless the court has agreed on the deal. Plea bargaining can conclude a criminal case without a trial. When it is successful, plea-bargaining results in a plea agreement between the prosecutor and defendant.

In this agreement, the defendant agrees to plead guilty without a trial, and, in return, the prosecutor agrees to dismiss certain charges or make favorable sentence recommendations to the court. Plea bargaining is expressly authorized in statutes and in court rules. This process is very effective, especially when the police who make the arrest generally arrest the individual on the highest charges they can within their power. This allows the District Attorney what is known as “wiggle-room.” The D.A. can now take a rightfully charged felony and offer it in a plea bargain as a misdemeanor, even though the charge is a felony, it usually is something that also could have been charged...