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Argument: We Should Reduce the Use of Plea Bargaining

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Essay / Research Paper Abstract

This 3 page paper discusses how plea bargains work, argues that plea bargaining should be reduced or eliminated, and gives an example of someone wrongfully convicted in a plea bargain. Bibliography lists 3 sources.

Page Count:

3 pages (~225 words per page)

File: D0_HVNoPlea.rtf

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Unformatted sample text from the term paper:

This paper argues that there are too many plea bargains used, and gives an example of a plea bargain that ended up convicting an innocent person. Discussion Although they are used frequently, there is no consensus about the "ability of plea bargaining to provide justice" (LaFree, 1985, p. 289). A plea bargain is struck when all parties agree to allow the defendant to plead guilty to a lesser charge, thus (usually) resulting in a lesser sentence and a far quicker resolution of the case. But critics of plea bargains argue that the process "deprives defendants of due process rights and procedural safeguards" (LaFree, 1985, p. 289). After all, the right to a speedy and public trial is guaranteed by the Constitution, and those rights are abandoned when a defendant agrees to a plea bargain. However, those in favor of the concept argue that "guilty pleas save resources for cases that require trial and allow officials flexibility to tailor justice to individual defendants" (LaFree, 1985, p. 289). LaFree looked into the effect plea bargains had on defendants and the severity of their sentences in several jurisdictions that had tried to reduce or eliminate plea bargaining; unfortunately, the results of the research confirm some criticism of the process but refute others (LaFree, 1985). Specifically, defendants that were more "criminally experienced," as well as those that pled "guilty at the earliest opportunity did not receive sentencing leniency" (LaFree, 1985, p. 289). These same variables appear to hold so that its possible to predict "sentence severity for guilty pleas and trials" (LaFree, 1985, p. 289). However, it appears that those defendants who went to trial and were convicted there were given harsher sentences than those who pled guilty (plea bargained), "controlling for case severity, evidence and offender characteristics" (LaFree, 1985, p. 289). Thus, it ...

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