Explore BrainMass
Share

Plea Bargain Explanation

This content was COPIED from BrainMass.com - View the original, and get the already-completed solution here!

The plea bargain process is an integral part of the American criminal justice system. More than 90% of criminal cases are settled by plea bargain.

Plea bargains impact the system in many lesser-known ways, both positively and negatively. In a 4 page report in a Microsoft Word document, cover the following points:

Explain the plea bargain process.
What are the reasons why a prosecutor would agree to a plea bargain? Why not just go to trial?
Why might the police officers that investigated the defendant be in favor of a plea bargain? Why might they be opposed?
Why might the victim be in favor of a plea bargain? Why might he be opposed?
Some might say that a plea bargain re-defines the defendant's criminal behavior. For instance, a defendant who was charged with attempted murder might agree to plead guilty to a reduced charge of aggravated assault. Aside from the lesser penalty, in what other ways might the defendant benefit from this re-definition of his behavior?
One of the arguments against plea bargaining is that when a defendant pleads guilty, the court does not have the opportunity to scrutinize the police investigation in the case. Explain what is meant by this, and why it is important. (Hint: because a plea-bargained case will not proceed to trial, there will not be a discovery process).
Support your responses with examples.

Cite any sources in APA format.

© BrainMass Inc. brainmass.com March 22, 2019, 3:40 am ad1c9bdddf
https://brainmass.com/law/criminal-law-and-justice/plea-bargain-explanation-627367

Solution Preview

In accordance with BrainMass standards this is not a hand in ready assignment but is only background help.

Step 1
The prosecutor will agree to a plea bargain instead of a trial because a plea bargain would vindicate the stand of the plaintiff. The accused stands guilty. The uncertainty associated with trial is reduced. The verdict is fast, and the possibility of an acquittal is removed. The prosecutor becomes certain that the accused is found guilty. In case of a trial some evidence may be excluded, and some witnesses may give unclear accounts. This can lead to an acquittal.
Step 2
The police officers that investigated the defendant will be in favor of a plea bargain because the verdict is now in their favor. They get the legal process completed quickly. It is fast justice. it is possible that the prosecution case may be feeble or the court may insist on proper witnesses or evidence. The investigating police officer does not want the accused to be acquitted. They want to make sure that the defendant is punished. Plea bargaining ensures that the defendant is punished. Plea bargain is an agreement in a criminal case between the prosecutor and the defendant in which the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor(a). Even though the defendant will plead guilty to a less serious charge the investigating officer is satisfied that the accused is punished.
Police officers that investigated the defendant may be opposed to plea bargain because they may not want some crimes committed by the defendant not getting punished and damning evidence not getting discovered. Also, they may be opposed to plea ...

Solution Summary

This posting gives you a step-by-step explanation of plea bargain and its consequences on the legal justice system. The response also contains the sources used.

$2.19