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Essay / Research Paper Abstract
5 pages in length. The scenario is all too familiar: The prosecuting attorney knows he has a viable case to take to trial whereby a strong sentence will be imposed, yet he is conflicted with the peripheral - and highly influential - aspects of taxpayer costs and prison overcrowding if he take this case all the way through the system. Instead, he cuts a deal with the defense attorney's client to serve a reduced sentence in exchange for the alleged perpetrator's guilty plea. The inevitable outcome is such that the offender - who has now admitted to his crime - serves a fraction of the sentence he should have received - and even sometimes does alternative punishment outside of prison - allowing for the system to be relieved of one more inmate and the taxpayers to avoid footing the bill of a lengthy and expensive trial. But the question remains: Has justice truly been served when the criminal does not receive the appropriate sentence through the option of plea bargaining? Bibliography lists 7 sources.
Page Count:
5 pages (~225 words per page)
File: LM1_TLCPleaBarg.rtf
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Unformatted sample text from the term paper:
- and highly influential - aspects of taxpayer costs and prison overcrowding if he take this case all the way through the system. Instead, he cuts a deal with
the defense attorneys client to serve a reduced sentence in exchange for the alleged perpetrators guilty plea. The inevitable outcome is such that the offender - who has now
admitted to his crime - serves a fraction of the sentence he should have received - and even sometimes does alternative punishment outside of prison - allowing for the system
to be relieved of one more inmate and the taxpayers to avoid footing the bill of a lengthy and expensive trial. But the question remains: Has justice truly been
served when the criminal does not receive the appropriate sentence through the option of plea bargaining? "...Government officials have deliberately engineered the system to assure that the jury trial
system established by the Constitution is seldom used. And plea bargaining is the primary technique used by the government to bypass the institutional safeguards in trials" (Lynch, 2003, p.
24). The prohibitive cost of a full-blown trial, along with the potential for the alleged perpetrator to go free without any legal
recourse speaks to the need for another option whereby the alleged criminal serves time, the taxpayers receive a break and the victim is vindicated all at the same time.
Plea bargaining - also called plea negotiating - is the offer of a lesser sentence in exchange for the alleged criminals guilty plea. This deal between the accused and
the prosecutor takes two forms in the United States: a charge bargain and a sentence bargain. The former lessens the seriousness of the charge, while the latter reduces the
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