In the US, is the Plea Bargain Just?

Question

The main arguements are 1) It is not just becuase people will not get their due because they will be getting a lesser sentence for a crime they may have or may not have commited.
and
2) It is just becuase without it, US courts can not give a trial to everyone and the system will be so backed up that nothing will ever get done. People have a right to a quick and speedy trial and it is justice to allow people to have their freedom of choice for a full out trial or not.

Answer 1

You're obviously in LD.
...And I was just about to ask this question.
Those seem to be the most frequently run arguments. I would just make sure that you clarify that plea bargain is unique to a speedy trial- AND fundamental rights (pursuit of happiness), though the neg will argue that the fifth and sixth amendments are violated. Just make sure you outweigh.

You state in your second contention that people have the right to a quick and speedy trial. But remember that plea bargain is negotiated. The criminal has the option, so just be sure to rephrase...

I hate these US-specific resolutions.

Answer 2

The concept of a "lesser sentence" assumes that all crimes are identical -- reality doesn't work that way. Even in states where sentences are pretty much uniform for a given crime, sentences vary based on many factors, including the individual history of the defendant.

Also, what can be proven is not always a guarantee -- and often once the trial is over, the person ends up being convicted of a a lesser charge than the top count of the indictment.

So, the idea of the prosecution and defendant agreeing on a particular charge and sentence doesn't take it outside the range of what might happen at trial -- it just saves the expense and time of trial (for both the prosecution and defense) and makes the process much more streamlined.

As for the backup and overlog issues -- those are factors -- having ten times as many trials (since 90% of cases are resolved pre-trial) would increase the cost of operating the courts by a huge amount -- and that's a benefit to the state/govt to avoid by allowing people to plead to a lesser charge.

As with any system -- it doesn't work perfectly. Some people get far less of a punishment than they actually deserve -- and some end up pleading even while innocent to avoid the risks of getting a much worse sentence at trial.

But for the vast majority of people -- it works out to a reasonable compromise, where people are sentenced based on what they did -- and the gamble and expense of a trial is taken out on both sides of the aisle.

Answer 3

The DA decides if they want to offer a plea bargain and it's up to the defendant whether they want to take it. They're not forced to take it and they always have the option to go to trial.

Answer 4

I don;t think it is offered in every case. Only under certain circumstances is it available.