Why plea bargaining is necessary for Court System Essay

This essay has a total of 1328 words and 6 pages.

Why plea bargaining is necessary for Court System to function


The Importance of Plea Bargaining in Criminal Trials

Screeech! That is the sound of our court system coming to a grinding halt, if plea
bargaining were no longer utilized. Not only does plea bargaining save taxpayers an
enormous amount of money, it often provides the evidence for a conviction and allows
public defenders and other court officials to concentrate their limited resources on more
important or difficult cases. Some people may believe that plea bargaining with criminals
is wrong. The entire basis of the argument against plea bargaining says that criminals
should not testify or have anything to do with the prosecution because they were involved
with the crime. We fail to realize that without plea bargaining many criminals would
never be punished for their crimes at all. It is as simple as that. Granted, a plea
bargain is, by definition, a compromise. But it is a compromise that is absolutely
necessary for the judicial system to function. While it may seem that a person who
exchanges his testimony for a lighter sentence would have sufficient motivation to lie in
court the fact is that his testimony is simply verifying the testimonies of other
witnesses. In a majority of cases plea bargains is utilized to ensure that the truly
guilty criminal is punished. In our less than perfect world, plea bargaining is easily
the lesser of the evils.


I agree with the definitions submitted by the affirmative speaker.

Americans have always emphasized getting a job done. We place a great deal of value on
efficiency and industry. The government is expected to run with efficiency and operate
with the good of the people in mind. Every aspect of our lives is governed by this
utilitarian value. Why do we place such importance on efficiency? Because without it
nothing would ever get done. If we all constantly obsessed over minute details and
unrealistic ideals we would live in poverty. In the real world compromises are made
because without them no amount of success could ever be achieved. In the words of John
Stewart Mill, the father of utilitarianism, "The creed which accepts as the foundation of
morals utility, or the greatest happiness principle, holds that actions are right in
proportion as they promote happiness, wrong as they tend to produce the reverse of
happiness". This means that in a world of compromise, the most success is achieved by
giving the greatest good to the greatest number of people.


This belief applies directly to plea bargaining. In this case, the most justice must be
given the greatest number of criminals. Currently in the state of New York, 79% of all
first degree murder cases are plea bargained. Without plea bargaining, many of these
criminals would never even see a jail cell. Barry Kinsey, a sociologist at The University
of Tulsa, said "Without plea bargaining the court's could not function unless there were
drastic increases in budget allowance" . The courts are at present full and running over
and if all the cases were to be tried the courts budgets would have to be increased by
900% (according to Tom Wallace, a public defender from Baltimore, Maryland).


It is also important to consider the length of time that would be required to try every
person indicted for a crime. With the courts as over burdened as they are, taking every
case to trial could clog up the courts almost indefinitely. Since every person in this
country is guaranteed a speedy trial (courtesy of the sixth amendment), banning plea
bargaining without tremendous budget increases would violate the constitutional rights of
those accused.


The affirmative speaker believes that plea bargaining does not reveal the
truth. He has said that there is often lying and inaccurate accounts of the
truth as a result of plea bargaining. I believe that the opposition is wrong. There may
be cases where there is lying but every part of the court system will have a little of
that. The affirmative speaker has totally contradicted himself. He stated that plea
bargaining is when a person admits to his crime and therefore is rewarded with a lighter
sentence. Is the affirmative side saying that criminals admit to other crimes than what
they have done. It appears to me that he is stating that a person who is charged for a
crime is admitting to a totally different crime. Therefore he will be sentenced for that
crime and still go through his original trial. Second of all he said that most of the
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