For the prosecutor, plea bargaining will assure him that the defendant would really receive a punishment for those cases of murder. He wouldn’t have to look for more evidences that will further condemn the defendant. For that serial murder case, although he is very confident that the defendant really did those killings, the prosecutor still has to find solid evidences of his charges against the defendant. The prosecutor could have pursued with the death penalty but only if he gets to find sufficient evidences that will point the murder to the defendant.
Plea bargaining will make it easier for the judge to make a decision since the defendant had already plead guilty. Also, with the options (punishment, sentence, etc. ) the prosecutor would present to him, it won’t be too difficult for him to give judgment, but, of course, the he doesn’t have to follow what the prosecutor would recommend. The last words are still his. The court system would also benefit from plea bargaining since not all trials would proceed to the court.
This will lessen their work loads. If the defendant agrees with the deal with the prosecutor for pleading guilty to one murder case, his punishment would be lighter, for sure. One charge of murder is better than five or eight charges of murder. The defendant would just have to cooperate during the investigations and following other terms he has agreed upon with the prosecutor will lower the charges and punishment he has to face. It would also cut the cost of defending themselves.
The defense attorney would have to make sure that the plea bargain would best serve the interest of his client, the defendant. Usually, it is with the advice of the defense attorney that the defendant agrees with the plea bargain. If the defense attorney really found his client guilty of the charges (five or eight charges of murder) against him, it would be best to agree to have a plea bargain. He will be saved from the burden of disproving evidences or pointing them away from his client.
If the plea bargaining process will benefit the society is quite controversial. They may not get to know the truth behind a certain case with plea bargaining. But this will be the same picture even without the plea bargaining or even when the case proceeds as usual because every trial is really unpredictable. The truth may not what you’ll get at the end. The end is obtained depending on how good the prosecution or the defense attorneys are. But with plea bargaining, you get to see a fraction of the truth.
A person will not plead guilty just because of a deal. The defendant will plead guilty because he is. And plea bargaining makes him easier to do so. If he is not guilty, he’ll fight until he proves he is not. The same benefit would apply for the victim’s families. They would still get what they want—the defendant being sentenced. Plus, it also lessen their expenses and will allow them to devote their time for other things like their work and other concern and not on going to trials with results still undetermined.
University/College: University of Arkansas System
Type of paper: Thesis/Dissertation Chapter
Date: 22 November 2016
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