The Illusion
Energist
The biggest drawback to plea bargaining is for the innocent defendant who decides to plead guilty to a lesser charge in order to avoid the risk that he or she will be found guilty at trial.
Additionally, some attorneys and judges argue that plea bargaining has led to poor police investigations and attorneys who do not take the time to properly prepare their cases. They believe that instead of pursuing justice, the parties rely on making a deal and that the details of what happened and the legal consequences for those actions are less important.
Some attorneys and judges also argue that plea bargaining is unconstitutional because it takes away a defendant’s constitutional right to a trial by jury. If the defendant is coerced or pressured into a plea bargain agreement then this argument may have weight. However, if the defendant, at all times in the criminal case, retains the right to a trial by jury without pressure to make an agreement then the courts have found that plea bargaining remains constitutional.
Read more at: http://resources.lawinfo.com/en/Articles/Plea-Negotiations-Criminal-Lawyer/Federal/the-pros-and-cons-of-plea-bargaining.html
Jamie
Additionally, some attorneys and judges argue that plea bargaining has led to poor police investigations and attorneys who do not take the time to properly prepare their cases. They believe that instead of pursuing justice, the parties rely on making a deal and that the details of what happened and the legal consequences for those actions are less important.
Some attorneys and judges also argue that plea bargaining is unconstitutional because it takes away a defendant’s constitutional right to a trial by jury. If the defendant is coerced or pressured into a plea bargain agreement then this argument may have weight. However, if the defendant, at all times in the criminal case, retains the right to a trial by jury without pressure to make an agreement then the courts have found that plea bargaining remains constitutional.
Read more at: http://resources.lawinfo.com/en/Articles/Plea-Negotiations-Criminal-Lawyer/Federal/the-pros-and-cons-of-plea-bargaining.html
Jamie
