Reflection Paper 1
Melinda Ervin
CJUS 200-B-02
Professor Venturo
September 23, 2013
Plea Bargaining
Plea-bargaining “is one of the most commonly accepted practices in criminal justice
processing. It is believed that more than 90 percent of criminal convictions result from
negotiated pleas of guilty” (Inciardi, 2010, p.302). Although it is a common practice, it is also a
controversial one, a legal issue and a moral issue. Five issues arise with plea-bargaining. First, “it
encourages the accused person to waive his or her constitutional right to trial; Second, it enables
the defendant to receive a sentence that is generally less severe than the one he or she might have
received; in the eyes of the public; Third, it sacrifices legislative policies for the sake of tactical
accommodations between the prosecution and defense; Fourth, it ignores the correctional needs
of the bulk of offenders, for un many instances the accused may ultimately plead guilty to a
charge that is far removed from the original crime; Fifth, it raises the danger that an innocent
person, fearing a guilty verdict and harsh sentence if the case goes to trial, will plead guilty and
accept conviction, hoping for lighter treatment” (Inciardi, 2010, p.303).
The latter point involving an innocent person using a plea bargain in hopes for a lighter
verdict can have severe consequences. For example, in the case of Harry Seigler, he took a plea
bargain to “first-degree murder and robbery and received a 60-year prison term, with 20 years
suspended” (Inciardi, 2010, p. 304). However, had he just gone with the verdict from the jury he
would have been deemed “not guilty” (Inciardi, 2010, p. 304).
Reflection Paper 2
Morally the concept of plea-bargaining goes against the Biblical teaching of right and
wrong. “So whoever knows the right thing to do and fails to do it, for him it is sin” (James 4:17,
English Standard Version). Not only does it allow the guilty to not have to pay fully for their
actions, but also wrongly punishes the innocent. This type of justice system would not be
allowed if it were based on Biblical Law. In addition, if more people were going with their
conscience they would be honest no matter the outcome. “And ye shall know the truth, and the
truth shall make you free” (John 8:32).
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