by Trisha Orlando

Created on: March 31, 2009

"In the prosecutor's view, there is no such thing as an innocent suspect or defendant."

- Judge Neely's Dissenting Opinion in State of West Virginia v. Rummer

Negotiated justice allows prosecutors to offer a "deal" to defendants in exchange for a plea of guilty. These deals are supposed to help prevent crowded court calendars, overworked court officials, and take criminals off the street faster. Is it ethical? The main focus of this paper is to illustrate the act of plea bargaining and how it can be improved to improve the justice system.

An explicit plea bargain offers a promise of leniency by prosecutor in exchange for a plea of guilty by defendant. An implicit plea bargain offers an implied but not a direct promise of leniency by prosecutor in exchange for a plea of guilty by defendant. (Meyer & Grant, 2003)

There are 5 types of plea bargains. A plea bargain can be offered at any time during trial (Meyer & Grant, 2003). A defense lawyer will advise his client if the offer is in the defendant's best interest. Here the question arises that a public defender who is a lawyer paid by the government, can make an unbiased opinion.

TYPE

POSITIVE ASPECTS

NEGATIVE ASPECTS

Charge bargaining

Reduction in the severity of charges

The prosecutor has knowledge of evidence that might not be allowable in a trial

In cases of murder charges being reduced to aggravated assault, the sentence is limited to a maximum sentence that is less severe.

Sentence bargaining

Promised for lighter or alternative punishment by prosecutor

Defendants are more willing to plead guilty in order to avoid the death penalty or life without parole sentences.

Lighter or alternative sentences may not seem fair to victims.

Count bargaining

Reducing the number of charges

Saves government resources by reducing court time.

The actual number of charges is decreased causing the maximum sentencing to be limited to the remaining charges

(Meyer & Grant, 2003)

In the criminal justice system, a judge is seated to oversee trials to ensure that civil rights of defendants are respected. The Constitution of the United States demands that all trials are conducted fairly. The impartial moderator, the judge, is positioned between the prosecution and the defense teams (LawMall, 2007). Sentencing Guidelines, issued by the federal government, moved discretionary decisions from the judge to the prosecutor (Workman, 2002).

In a plea bargain, "judges no longer get to judge matters to determine whether the prosecutor is overzealous,

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