Plea Bargaining and Crime Reduction
Samuel
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Samuel Walker proposed that abolishing plea bargaining will not reduce crime, an argument that infers that plea bargains which reduce or seems to reduce sentences for certain crimes do have the effect of removing offenders from the streets and therefore potentially reducing the number of subsequent crimes that such offending individuals might commit. In this essay, it will be argued that Walker is correct: eliminating the tools offered to prosecutors by the practice of plea bargaining will not have a positive impact upon crime rates, and will in effect further hamper the ability of prosecutors to move cases to a rapid conclusion without tying up the judicial system for lengthy periods of time. The plea bargaining process, as described by Hall (1992, p. 636), is "a process whereby persons charged with a crime plead guilty to specified charges in return for an agreed-upon sentence, a sentence recommendation to the judge, or the dismissal or reduction of other charges." More often than not, according to Hall (1992), a plea bargain is negotiated by the prosecutor and the defense attorney and then approved by the judge on behalf of the courts. If a defendant "cops a plea," it is usually in return for some meaningful benefit such as a reduced sentence or the elimination of charges that would, if the individual were convicted of those charges, lengthen imprisonment. Plea bargaining came into being in the nineteenth century. Hall (19920 stated that one rationale behind ple
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ed charges û assuming that the defendant was not overcharged in the first place in order to provide prosecutors with some bargaining leverage, but plea bargains offer defendants an opportunity to avoid capital punishment and in many instances, to receive a shorter sentence than they might otherwise have obtained from a jury of their peers.
In discussing the morality of plea bargaining, Michael Gorr (2000) stated that plea bargains have significantly increased the efficiency of courts and of the police. While some people criticize plea bargains as little more than threats leveled against defendants to coerce them into a guilty plea, Gorr (2000) takes the position that the vast majority of individuals who accept a plea bargain are in fact guilty of the crime with which they are charged and are directly benefiting from the process in some way or another.
The goal of the plea bargain identified by Gorr (2000) is to facilitate efficiency in the criminal justice system. No one can doubt that a jury trial is, almost invariably, a lengthy and costly proceeding for all concerned. Many defendants are forced to rely upon the services of public defenders whose caseloads could prohibit mounting the kind of defense at trial that a Scott
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Some common words found in the essay are:
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Approximate Word count = 1890
Approximate Pages = 8 (250 words per page)
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