NCJ Number
149865
Date Published
1994
Length
8 pages
Annotation
The plea bargain, most often recognized at the arraignment stage, is an essential part of the criminal justice system, but there is significant potential for the plea bargaining system to be abused.
Abstract
The plea bargain was recognized constitutionally in the 1970 U.S. Supreme Court case of Brady v. United States. The court endorsed the use of plea bargaining in order to create a mutual advantage for both sides of the adversarial process. Because of changes in plea bargaining that have evolved over the years, a successful plea negotiation can presently be used to avoid trial. The trial is avoided because the state has secured a guilty plea without the "inconvenience" and dilatory tactics prosecutors complain of when defense counsel becomes involved in a case. A complicated factor in the plea negotiation process involves the power of the prosecutor and the potential for abuse. The State of Alaska has gone so far as to ban plea bargaining. Plea bargaining is essential in the criminal justice system; if defendants cut deals and admit guilt for crimes in which they were not involved in order to avoid severe judicial reprisals, however, the plea bargaining system is being abused. 8 references