Criminal prosecution
When you are faced with criminal prosecution, you could take your case to trial, or if offered, accept a plea bargain in exchange for a guilty plea. However, going to trial can be risky since the fate of that trial is in the hands of a jury, which will decide guilt or innocence. Most defendants will accept a plea agreement rather than taking the risk of a jury trial.
Explain a few of the pros and cons of plea bargaining for the defense attorney, prosecution, judge, and of course, the defendant?
In your opinion, are some defendants coerced into accepting a plea deal? Explain why/why not
Sample Answer
Plea bargaining is a negotiation process between the prosecution and the defense in which the defendant agrees to plead guilty to a lesser charge in exchange for a reduced sentence. Plea bargaining is a common practice in the United States, with over 90% of criminal cases ending in a plea bargain.
Pros and cons of plea bargaining for the defendant:
- Pros:
- Defendants who accept plea bargains are more likely to receive a shorter sentence than if they were convicted at trial.
- Defendants may be able to avoid the stigma and publicity of a trial.
- Defendants may be able to avoid the possibility of a longer sentence if they are found guilty at trial.
- Cons:
- Defendants who accept plea bargains give up their right to a trial by jury.
- Defendants may feel pressured to accept a plea bargain, even if they believe they are innocent.
- Defendants may have difficulty finding employment or housing after pleading guilty to a crime.