Plea Bargaining An Essential Part Of Our Criminal...

Abstract Plea bargaining has been around since the early 1800’s and is a process where the attorney for the defendant negotiates a plea with the prosecuting attorney. This process which was simple in the beginning has changed dramatically over the years. Prosecutors have made it seem they have evidence for serious crimes and get people to plead guilty to a lesser offense. Many people will accept a plea bargain out of fear of what will happen at trial. Everyday people who otherwise would have been acquitted due to lack of evidence or they are really innocent will plead guilty to a lesser charge. It wasn’t until 1970 with the United States Supreme Court case of Brady v. United States that the constitutionality of plea bargaining was established. Plea bargaining should be regulated so as not to harm the legal system any more than it has. Plea bargaining takes away a person’s right to be tried by a jury of their peers. Plea bargaining has become an essential part of our criminal justice system. A vast majority of criminal cases in the United States are resolved by plea bargaining. Despite the rights that an accused has under the US Constitution, many will still accept a plea bargain. You are presumed innocent until guilt is proven beyond a reasonable doubt, the right to a trial by jury and to have an impartial judge. Even though you have these rights under the Constitution very few defendants are choosing to use them, instead relying on a plea bargain deal to beShow MoreRelatedPlea-Bargains: Currency of the Courts An Examination of the Effectiveness of Plea-Bargain Within our Court Systems1477 Words   |  6 Pagesâ€Å"Rahim Jaffer case heads for plea-bargain†; former Alberta MP Rahim Jaffer was being charged on cocaine possession and drunk-driving charges; his case was likely to be resolved with a plea-bargain agreement (Makin, 2010). 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