Plea bargaining is another controversial practice in the American judicial system. Should the nature of the crime affect the defendant’s opportunity to plea bargain?
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These sites will help you take a stand on this question.
http://www.expertlaw.com/library/criminal/plea_bargains.html
http://www.enotes.com/everyday-law-encyclopedia/plea-bargaining
http://www.time.com/time/magazine/article/0,9171,916340,00.html
The question of whether the nature of the crime should affect a defendant's opportunity to plea bargain is subjective and often debated. However, I can explain the factors that typically influence plea bargaining decisions in the American judicial system, which may help shed some light on the topic.
In plea bargaining, the defendant agrees to plead guilty to a lesser charge or receive a reduced sentence in exchange for avoiding a trial. The decision to offer or accept a plea bargain is usually based on several considerations, including the nature of the crime. Here are a few factors that may impact the defendant's opportunity to plea bargain:
1. Severity of the crime: The gravity of the offense is a crucial factor in plea bargaining. Serious crimes such as murder or may result in fewer opportunities for favorable plea deals compared to less severe offenses. In such cases, prosecutors might be less inclined to offer leniency, considering the harm caused by the crime.
2. Strength of evidence: The strength or weakness of the prosecution's case can significantly influence plea bargaining. If the evidence against the defendant is overwhelming, the prosecution may be more willing to offer a plea deal to secure a conviction without the risks and expenses of a trial.
3. Prior criminal record: A defendant's previous criminal history can also impact their plea bargaining opportunities. Generally, defendants with a clean record or minor prior offenses may have a better chance at obtaining favorable plea agreements. Repeat offenders or individuals with serious previous convictions might face more limited bargaining options.
4. Public interest and victim impact: In some cases, the opinions of the victim or the community's interest play a role in plea bargaining decisions. Public pressure, media attention, and the impact on the victim may influence the prosecution's willingness to negotiate or grant certain concessions.
It is important to note that prosecutors retain discretion in plea bargaining, and the final decision often depends on the unique circumstances of each case. The goal is to balance the interests of justice, efficiency, and the rights of the defendant.
Ultimately, whether the nature of the crime should affect a defendant's opportunity to plea bargain is a matter of ongoing debate, as different viewpoints exist on the benefits and drawbacks of such practices.