Within our justice system, plea bargaining has become a widespread model, but it is still quite controversial. Below, our Jacksonville criminal defense lawyer evaluates the ethical aspects of plea bargaining. Keep reading as we review some of the positive aspects of plea bargaining along with some of the moral challenges associated with the process.
Best Jacksonville Criminal Defense Lawyer Explains Plea Bargaining
In a plea bargain, the defendant and their attorney sometimes negotiate with the prosecutor, who may accept a lesser charge or sentence. The defendant is to take a plea bargain in which he/she is agreeing to plead guilty to a lesser charge, or to just one count when there are multiple counts presented. The defendant does this in hopes to get a shorter jail or prison term in comparison to what will possibly result from a trial verdict. Additionally, the goal is to also cut back on the need for a trial all together and reduce the costs and pressure on the judicial system.
Pro Per Case for Plea Bargaining
While some people have their concerns, it’s undeniable that plea-bargains are necessary in order to expedite the process of getting through massive amounts of criminal cases. The courts are typically overwhelmed, and the judicial system collapse would be inevitable without plea negotiations. When a defendant takes a plea bargain, positive outcomes may occur on all sides of the case.
For the defendant, they may receive reduced charges, a speedier resolution, reduced legal costs, less publicity, and certainty of the outcome.
As it pertains to the prosecution, plea bargaining brings efficiency, a guaranteed conviction, resource allocation to other cases, and a reduction of the number of cases that go to trial.
The judicial system and society itself can also benefit from the plea bargaining process. A plea bargain can reduce the backlog in the court system, save money by avoiding trials, bring justice and closure to victims and families sooner.
The Ethical Dilemmas of Plea Bargaining
On the other hand, there are some ethical concerns with the plea bargaining process. Some people argue that defendants may be forced into pleading guilty by the overreaching of the prosecution. This is said to be especially true for those who are disadvantaged, low income, ill-informed, or poorly represented. The most compelling concern is that there might be too much pressure to make a deal which can override the pursuit of justice. Additionally, there could be too much pressure to take the plea bargain where the defendant pleads guilty to a crime they did not commit out of fear that he or she would be sentenced to a much longer time in jail if found guilty after trial.
Reforming the Plea Bargaining Process
Management of these ethical problems rests on systematic changes such as:
- Greater Transparency: There is a possibility that by making the plea bargaining process more understandable, it could lead to a defendant making more informed decisions. Therefore, reducing the ethical controversy that the defendant is being “pressured” or swayed in making this decision.
- Judicial Oversight: Increasing involvement or supervision from judges, and in return having less involvement from prosecutors, during plea bargaining negotiations would better ensure equity and fairness.
- Legal Representation Improvements: Providing fair legal representation to all defendants, even in cases where the defendant is not financially well-off is a must.
Contact the Best Jacksonville Criminal Defense Lawyer
Plea deals can play an essential part in the justice system but still carry many ethical concerns that need to be addressed. The challenge lies in balancing the efficiency of the legal system with the rights and freedoms of individuals. It’s important to understand plea bargaining mechanics in order to ensure just treatment for anyone accused of a crime. If you have questions regarding your case and accepting or denying a plea bargain, contact our Jacksonville criminal defense lawyers to help navigate your case.