Application Essay 3 – Complexities Within the Judicial System as Offenders and Victims Seek
Justice.
A plea bargain may be acceptable to an innocent defendant if the appearance of guilt is
strong. How do you reconcile the benefits of plea bargaining with the importance of
justice?
A plea bargain is an arrangement between a prosecutor and a defendant where the defendant
pleads guilty to a lesser charge in the expectation of leniency. “For example, they may agree on a
specific sentence to be imposed if the accused pleads guilty to an agreed-upon charge or charges
instead of going to trial” [Boh17]. In my opinion a successful plea bargain should benefit the
defendant while still making them pay for their crimes, as well as benefit the prosecution by
avoiding heavy court costs, ensuring a conviction, and still guarantee justice is served. But what
happens when a plea bargain is reached, and the defendant is actually innocent? In many cases an
innocent person will agree to a plea agreement when they face the likelihood of being convicted
of capital offenses, such as murder or rape. Brian Banks took a plea deal because he knew the
chances of him being convicted of rape are high, it was clear the accuser was not going to change
her story and because they had consensual sex his DNA served as proof. A decade later, the truth
comes out and the accuser recanted her statement but the damage to Banks had already been
done. Banks gave up 5 years of his life in prison, destroyed his chance to go to college, spent
even more time on probation, and had to register as a sex offender. Now that the District
Attorney’s office conceded that he was wrongfully convicted Banks will no longer have to
register as a sex offender and if he was still on probation that probation will be lifted, he may
even be financially compensated, but he will never get back what he has given up. I believe
justice can only be found within God. “He knows what we have done wrong, and what we have
done right. If we do right, we must hope that the truth will come out, for God will not punish us
because He has promised us redemption” [Fis16]
How should the judicial system balance the rights of the accused with the rights of the
victim in its search for justice? Support your assertions with concepts from the Biblical
Principles presentation.
The justice system is not without flaws, everything has flaws. When it comes to victims and
defendants, their opinions of what is fair and just will most likely differentiate. For example, in
Brian Banks case, he was wrongfully convicted so obviously he feels as if the ruling was unfair.
In other situations, the victim may not feel as though the punishment, reached through a plea
agreement, is harsh enough. We must ensure the accused is given their right to a speedy and
public trial, as well as given the opportunity for a good defense. “We do not want to be
intolerant, the rules and regulations we have in place have an implicit moral behind them, they
are morals that we should follow” (Fisher, 2016). The justice system will never be able to make
everyone happy and I believe it is critical that we do not try to take justice into our own hands
once we have felt we have been wronged. Romans 12:19 states “Beloved, never avenge
yourselves, but leave it to the wrath of God, for it is written, “Vengeance is mine, I will repay,
says the Lord”” [NIV18]
References
Bohm, R. M., & Haley, K. N. (2017). Introduction to Criminal Justice (9th ed.). Dubuque: McGraw-Hill
Education.
Fischer, K. (2016, June). Biblical Principles. Retrieved June 24, 2018, from
https://prezi.com/rdo7e91mruov/biblical-principles/?
utm_campaign=share&utm_medium=copy#
NIV, N. I. (2011). Romans 12:19. Retrieved June 24, 2018, from BibleGateway:
https://www.biblegateway.com/passage/?search=Romans+12%3A19&version=NIV
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