•How do advocates of the crime control model view plea-bargaining?
Advocates of the crime control model generally view plea-bargaining as a valuable tool in the criminal justice system. They see it as an effective means of swiftly disposing of cases and ensuring that the guilty are held accountable for their crimes. To understand this perspective, let's break down the reasoning behind it.
1. Efficiency: Advocates argue that plea-bargaining allows for the swift resolution of cases, reducing the burden on an already overburdened justice system. By avoiding lengthy court trials, it frees up resources, time, and courtrooms for other cases. This increased efficiency is thought to promote public safety by resolving cases more quickly and allowing law enforcement to focus on preventing and investigating additional crimes.
2. Certainty of Conviction: Supporters of the crime control model believe that plea-bargaining increases the likelihood of securing a conviction. By offering defendants the opportunity to plead guilty to lesser charges or drop certain charges altogether, plea-bargaining incentivizes them to admit guilt. This enables prosecutors to secure convictions for crimes while avoiding the risks associated with going to trial, such as unclear evidence or sympathetic juries.
3. Deterrence: Advocates argue that plea-bargaining enhances the deterrent effect on potential criminals. By accepting a plea deal, defendants are seen as acknowledging their wrongdoing and accepting the consequences. This, in theory, sends a message to others that criminal actions will result in swift punishment, encouraging potential offenders to think twice before committing a crime.
It is important to note that while advocates of the crime control model support plea-bargaining, critics argue that it may lead to the potential erosion of constitutional rights and due process, as defendants may feel pressured to plead guilty even if they are innocent. Critics also argue that the use of plea-bargaining may lead to disparities in sentencing and favor prosecutors over defendants.