Flea Bargaining 117PLEA BARGAINING
Introduction
Even those unfamiliar with the criminal justice system have some understanding
of the role of plea bargaining in our legal system and its impact on justice. While
the popular media likes to portray a courtroom drama involving fanatic lawyers
vigorously defending their clients in front of both judge and jury, the reality of
criminal proceedings is much different. The majority of criminal cases never reach
the courtroom, as they are resolved through the process of plea bargaining. Approx-
imately 90% of all criminal cases are resolved through plea bargaining (Abadinsky
& Winfree, 1992; Melton, Petnla, Poythress, & Slobogin, 1987). Thus, fewer than
10% of criminal convictions are achieved through the trial process. These statistics
alone illustrate the significance of the role of plea bargaining in the criminal justice
system, and this issue has prompted much debate as to the consequences that plea
bargaining exerts on individuals, society, and the system of justice. Does plea bar-
gaining serve justice or is it unjust? The following section explores this and similar
questions concerning plea bargaining.
fun is a 42-year-old ex-professional basketball star. For the past 5 years he has worked
as a sportscaster for a major television network. While driving home from the supermarket
late one night, he is pulled over and arrested by local police. He is charged with robbery,
assault with a deadly weapon, unlawful use of a deadly weapon, and unlawful entry
in connection with a residential robbery which had occurred earlier that evening, fun
maintains his innocence, contending that he was home alone all evening before leaving
to pick up some groceries. The evidence against him, however, seems strong and he
is unable to provide a sound alibi. Upon consulting with his attorney, he learns that
it convicted on all charges, he faces a maximum of 40 years in prison plus fines of up
to §15,000. His attorney therefore recommends that he enter a plea of guilty to the
offense of robbery, which carries a maximum sentence of 15 years and a $5,000 fine. By-
doing so, the prosecution will drop the remaining charges and recommend leniency in
sentencing, fim now faces a dilemma. He is very emphatic with regard to his innocence,
yet it a jury trial ensues and he is convicted of these charges, he faces severe consequences.
Regardless of whether Jim actually did commit the offenses in question, he is forced to
make a decision that will have a profound effect on his future.Literature Review
The practice of plea bargaining involves an exchange between the defense, the pros-
ecution, and a judge. The defendant's part of the bargain involves pleading guilty to
some offense. In return, the State agrees to one or more of the following: reduction
in the number of charges, reduction in the number of counts, a change in charges,
recommended leniency in sentencing, and/or promise of alternative sentencing