Plea bargains are very common in the American criminal justice system. They refer to when a person accused of a crime agrees to plead guilty to a lesser charge in exchange for a less severe sentence or the court dismisses other charges. While prevalent, this practice is not without disadvantages.
Pressure on the accused
One of the most serious disadvantages of plea bargains is that it places a lot of pressure on the person accused of committing a crime.
A plea deal can be a relief for the defendant because they don’t know what might happen if they go to trial. However, if the individual is not guilty, it can lead to an unjust outcome if they decide to accept a plea deal.
Lack of transparency
These plea deals often occur behind closed doors, and the defendant often has no idea how the decision was made. Typically, the prosecution will offer the defendant a deal through their attorney, and the defendant has a certain amount of time to respond.
Lack of accountability
The state that prosecutes criminal cases has prosecutors work on the cases they receive. Prosecutors benefit from offering a plea bargain and the defendant accepting it because they do not have to go to trial, so they skip presenting evidence and putting together a case against the person accused of the crime.
Disparities in sentencing
Because every case is different, a prosecutor may make one offer to a defendant in a case for a specific crime and an entirely different offer to another defendant accused of the same or a similar crime.
This creates a disparity in the outcome of cases because some individuals may face harsher penalties than others for the same type of crime.
A plea bargain is a practical tool in the criminal justice system that increases efficiency and allows people accused of crimes to negotiate with the prosecution instead of going to trial.
However, this mechanism is not perfect, and it can often result in an unjust situation. Having an attorney to represent you if you are accused of a crime is essential so they can guide you if the prosecution offers you a plea.
