What is the intent of plea bargaining for the defence? For prosecutors? Do you think it's an acceptable practice, despite the criticisms leveled against plea bargaining? Please explain.

Question

Shadow · Answer

For both sides it saves time and money to it in minutes, as supposed to a long drawn out trial lasting months. For the prosecution, it means they can secure a guilty plea, not leaving it up to a jury to decide if the defendant is guilty or not. For the defense, perhaps it means they get some of the charges dropped or a lessened sentence in exchange for an admission of guilt.

Thus for both sides, it allows them more control over the situation.

One can argue against this though, when it comes to the prosecution (the government) levying unfair bargains to young defendants. If not advised correctly by their lawyers, a young defendant can accept a plea bargain which puts them in jail for a long time, when perhaps the jury would have found them not guilty.

This is because the prosecution may pursue a plea bargain if they aren't confident in their case at trial, but still want a win. And as for the defendant's lawyer, perhaps he just wants to get paid or get his pro-bono (lawyers practicing law free of charge, aka right to an attorney derived from the 6th amendment).

Shadow · Answer

I would say for the most part it's a useful tool. But as with any tool, it can be misused.

justus · Answer

Thank you for your justification.