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Plea Bargains

Evaluate the advantages and disadvantages of plea bargaining. Address the following in your paper:

- Define plea bargaining.
- Distinguish between charge bargaining and sentence bargaining.
- Compare and contrast the advantages and disadvantages of plea bargaining.
- Describe how plea bargaining reflects or thwarts the crime control and due process models of criminal justice.

Solution Preview

- Define plea bargaining

Plea bargaining is the use of pre-trial deliberations and consultations by prosecutors and defense attorneys to divert cases from going to trial. Over 85% of cases currently are disposed by plea bargaining with the use of this practice serving an important role in preventing the criminal justice system from becoming clogged up and unable to function fluidly. If most cases went to trial and 90% of defendants opted to exercise their constitutionally guaranteed right to a fair and speedy trial, the criminal justice system would be unable to function as not enough professionals or structural foundations exist to handle this volume of trials. Therefore, judges, prosecutors, and to the detriment of many indigent defendants; defense attorneys, all engage in plea bargaining to keep the system afloat. Diversion is the primary definition of plea bargaining as it diverts cases from trial.

- Distinguish between charge bargaining and sentence bargaining.

Charge plea bargaining involves offering a reduced charged such as manslaughter instead of 2nd degree murder if the defendant is willing to accept a plea before ...

Solution Summary

The expert evaluates the advantages and disadvantages of plea bargaining. Charge bargaining and sentence bargaining is distinguished.

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