Plea Bargaining Process Analysis

The plea bargaining process within our criminal justice system has numerous benefits to both the offender and the system, with the victim receiving the least amount of benefit as they rarely see justice served on their own terms. Firstly, this system allows offenders of lesser crimes to get out of jail or prison sooner, often times with less time served than if they were to have been convicted after a trial. The sad truth is that most defendants cannot afford to make bail to gather witnesses and evidence, nor can they afford to invest in a skilled, interested defense attorney. This forces them to seek an alternative resolution to keep from enduring from jail the months, or even years, long judicial process that comes with a criminal trial.

Furthermore, plea bargaining allows for the use of pre-trial diversionary programs that allow first time offenders, and non-violent drug and alcohol addicts, to avoid prison time in exchange for attending much needed treatment programs. If a plea-bargaining system was not in place these offenders would be placed in jails and forced to either spend money to bail themselves out and hire an attorney, or languish in jail, awaiting their day on an overcrowded court docket, with the litany of other offenders who cannot make bail. Finally, and most noteworthy, plea bargaining saves the government, more correctly the tax payers, copious amounts of money on massive jails to house offenders who can’t afford bail, on extra jurors, more prosecutors, more judges, larger court houses, as well extra prison space. If this system were to be outlawed, the entire criminal justice system would require a massive influx of tax dollars to overhaul the system from first arrest all the way through final release. Although this system has a myriad of problems keeping it from ever being considered perfect, it is a useful solution to the issue of criminality within our society.