Courts unit 7 responses

1. Plea bargaining is the primary method used in the American justice system that judges, prosecutors, and defense attorneys to cooperate and work together in hopes of reaching their individual and collective goals. The benefit of a plea bargain for both the defense attorney and prosecution is that neither side will lose the trial because the trial is foregone in lieu of the plea deal. A plea bargain also assists court systems with reserving resources for other high pressing cases. When a case comes before the court that may have evidence that is for or against a defendant, the prosecution team and defense attorney may collaborate together to develop a plea deal in hopes of minimizing a potential loss for both parties. The plea deal will attempt to come up with a feasible and acceptable outcome for the case. This also allow prosecutors to avoid time-consuming, labor-intensive, and costly trials that have no guarantee of success. When prosecutors accept plea deal, they benefit from the plea deal because it increases their conviction rate. Another benefit of plea deals for prosecutors is used to encourage defendants to testify against codefendants or other accused criminals. Through the use of plea bargaining, prosecutors can ensure some penalty for offenders who might be acquitted on technicalities. Judges also benefit from the use of plea deals. Plea deals provides judges with the ability to preside over efficient trials, to minimize the risk of rulings being overturned on appeal, and to avoid the necessity of making rulings during trial. It also removes the burden of the judge having to determine guilt or innocence of the accused. Plea deals allow the presiding judge the opportunity to collaborate with the prosecutor, and defense attorney to identify a sentence for the accused. Although plea bargains must be approved by judges, many judges will listen to the recommendations of the plea deal being brought forth by the prosecution team and will determine if the plea deal is excessively harsh or lenient and will either accept or reject the plea bargain presented to the court. Lastly, a plea deal can benefit a defendant because he or she can receive a reduce sentence or charge at the discretion of the prosecutor and judge for admitting guilty for the crime their accused of. Many defendants who accept plea deals may receive a twenty-year sentence oppose to a life sentence for a heinous crime such as murder. Plea deals are mostly beneficial to the accused because he or she has the most to lose if they take a charge to trial and they are found guilty. A plea deal versus a trial will be the difference in the sentence that he or she serve. 

2. Plea bargaining is an arrangement between a prosecutor and a defendant whereby the defendant pleads guilty to a lesser charge in the expectation of leniency. There are three main types of plea bargaining. The first is charge bargaining. Charge bargaining is when the defendant agrees to plead guilty to reduced charges. The second is sentence bargaining. This involves assurances of lighter or alternative sentences in return for a defendant’s pleading guilty. The last type is plea negotiation. This is when the defendants who face multiple charges may be allowed to plead guilty to fewer counts.  

There are several reasons why plea bargaining can help judges, prosecutors, and defendants. One of the main reasons that judges accept a plea bargain is to alleviate the need to schedule and hold a trial on an already overcrowded court calendar. Judges are also aware of the problem with prison overcrowding, and might want to “process out” offenders who have been charged with low-level crimes. “Generally speaking, plea bargains help create more judicial economy and conservation of limited resources,” (Findlaw).  

The reason prosecutors engage in plea bargaining is it assures a conviction, even if it is for a lesser charge or crime. Prosecutors can also use plea bargaining to further their case against a co-defendant. They may accept a plea bargain from one defendant in return for damaging testimony against another individual. Because of this they are assured at least one conviction, plus a chance of a winning conviction against a second defendant.  

When it comes to the defendant, plea bargaining provides the opportunity for a more lenient sentence if they are convicted at trial. It also offers to have fewer or less serious offenses listed on their criminal record.  

3. Plea bargaining is when the defendant admits to their wrongdoing in a court setting, towards the judge. This action from the defendant would lead towards their sentencing, which may be reduced due to their admittance and plea (USDOJ, 2014). It is entirely left to the judge, or the government, to make a decision on the defendant's sentencing, because they came about with a plea bargin. The affects the prosecution, as now gets their satisfaction of justice, as the defendant is bound to be sentenced, and the defendant may receive a lesser sentence than if they did not plea. The entire length of the court proceeding will be shortened, as there will be no arguments, reasonable doubt, or attempted incrimination, since the defendant had already claimed their guilt. The defense attorney will not have to worry as much about creating justification and a defense for their client's actions, as there is really no argument to be fought. The judge still has the responsibility to maintain order in the court, interpret laws, and accounce the final verdict, but now there will be less focus on those aspects as the case will not be drawn out as long. The judge now listens to the plea deals presented, in hopes that the trial will be more speedy, in order to get through a very crowded calender or a large amount of cases. For offenders that did not commit such an aggressive crime, and their crime was not a threatening one, the judge may be considerate of a plea deal, just to not put another body into the prison system. There can be an unfortunate side to plea bargins, though. An innocent offender may truly have not committed the crime they are being accused of, but the outlook of being found guilty by the court vs pleading guilty on their own, may have different sentencing. So although the offender is innocent, they may plea guilty because they can receive a lesser sentencing in the end, playing it on the 'safe' side. 

4. Plea bargaining helps out the judge by allowing judges to preside over efficient trials, to minimize the risk of rulings being overturned on appeal, and to avoid the necessity of making rulings during trial. Most important to some judges, however, is that plea bargains remove the burden of determining guilt, and the practice allows them to share the responsibility for sentencing with the attorneys who fashioned the bargain. Although plea bargains must be approved by judges before whom they are brought, judges rarely refuse approval unless they feel that the defendant is legally innocent or has been coerced into pleading guilty or unless the bargain calls for a penalty that the judge believes is excessively harsh or lenient. Defense attorney's are then able to increase their efficiancy and profits, because they can invest less time on plea-bargained cases. Disposing of cases efficiently is important for both public and private attorneys. Public defenders are sometimes responsible for handling huge caseloads, and private attorneys can make more money by bargaining than by going to trial. Defendants, also benefit from plea bargains, because they can limit the severity of the sanctions they face and add certainty to an otherwise unpredictable process. Some defendants plead guilty to avoid the stigma of trial, because trials are open to the public and may be reported in the media. Guilty defendants sometimes use the threat of trial to persuade prosecutors to reduce the severity of penalties they face. Some defendants, both guilty and innocent, may accept bargains that seem beneficial to them, especially if they have been detained before trial and if accepting the bargain would mean getting out of jail. Prosecutors also benefit greatly from plea bargains because the deals allow them to improve their conviction rates. Some prosecutors also use plea bargains as a way to encourage defendants to testify against codefendants or other accused criminals.Plea bargains allow prosecutors to avoid trials, which are shunned because they are time-consuming, labour-intensive, and costly but carry no guarantee of success. Through the rational use of plea bargaining, prosecutors can ensure some penalty for offenders who might be acquitted on technicalities. Although prosecutors cannot negotiate every case, they can bargain away routine cases or those characterized by weak evidence or other difficulties, saving their time and resources for cases that demand more attention.

5. Plea bargaining is the most common resolution to criminal court proceedings in the United States court system.  This method benefits all members of the court: the prosecution, the defense, the defendant, and the judge.  Plea bargaining also reduces the amount of money spent, as the common trial within the United States can cost hundreds of thousands of dollars and requires an incredible amount of man hours.  Much like a play, each person involved must provide their time and energy into making sure that their production (the trial in this scenario) runs smoothly (i.e. the stringent boundaries of the law are not crossed).Plea bargaining is when both sides, the prosecution and the defense, come to a mutual agreement concerning punishment.  The defendant will accept a lesser charge or minimized prison time, if the crime itself is serious enough.  This spares the defendant from having to bear the astronomical costs of retaining a defense lawyer or even posting bail.  It can also prevent harsher punishment from befalling the defendant or their reputation being shredded by the public.  Going to trial is a lengthy process to prepare for and if a plea bargain is accepted, this means that both sides are spared the uncertainties that could result from a trial.  This also means that a judge can focus their time on more serious criminal trials that require their perview, because the prosecution and the defense are the ones negotiating without their need for input or judicial discretion.  Plea bargaining essentially works for everyone involved with the trial.