Plea bargaining
A
plea bargain is an agreement between a prosecutor and the defense, in which the
accused pleads guilty to a given charge in exchange for concessions from the
prosecutor. Due to the agreement, the accused pleads guilty of original charges
in exchange for dismissal of charges or a light sentence.
It
is argued that plea-bargaining enables litigants to avert prolonged and expensive
criminal trials. In addition, it allows the accused to steer clear of sentence and
serious charges. For instance, if one is charged with a serious robbery charge,
he/she can be offered a chance to plead guilty to minor robbery charges. For
instance, in the U.S., the plea bargaining method is preferred during the administration
of justice, compared to jury trials due to its effectiveness and expedition.
There
has been the backdrop of continued debate and scrutiny on the effectiveness of plea-bargaining
in adjudication and its possible role as an impediment in dispensation of the
very justice to litigants, with arguments whether there is an alternative to
this deal.
Thus,
this paper will come up with a number of interview questions for use in an interview
of an attorney, to get his/her opinion on the role of plea-bargaining in
dispensation of justice.
The interview questions
What
are the benefits and demerits of a plea-bargain system? Is it an alternative
and practical compromise to settle criminal cases, as compared to abbreviated
trials?
Does
plea bargaining breach on the rights of the accused to fair trial, as the
accused can be able to accept that he or she is guilty of a minor offense or
relinquish such action even if there is lack of evidence through coercion?
Does
plea bargaining consider victims’ rights, public interest and respect defendants’
rights or does it encourage the accused to plead guilty simply to avoid the
chances of bigger sentences, even if they are unlikely to deserve the
conviction?
What is the impact of the
use of compulsion in plea-bargaining? Does it jeopardize the desired legal
result?
What is the function of
the prosecutor in a plea bargain apart from ensuring proper procedural, public,
and judicial confidence? Does a plea bargain give him/her great and unnecessary
power to wield against the suspect during concession?
What are the roles of a
judge and defense lawyer in plea-bargaining?
Does a plea-bargain
torture and condemn the accused without fair trial in case one does not bow to
the prosecutor’s demands?
Who does the plea-bargaining
benefit? Does the system lessen the expenses incurred in delivering justice
compared to a jury trial?
Why is a plea-bargaining
arrangement suitable in common law system than in a jurisdiction operating
under the civil law system?
What is the general
role of plea-bargaining in protecting the rights of defense, rights of
suspects, right to fair trial, and preservation of innocence until proven
guilty? Does it uphold these rights?
Does plea agreement
require the approval of a law court to affect its legal binding or is it just
an arrangement between the prosecutor and defense?
What is the importance
of the victim in plea consensus during the negotiations?
Prosecutors face
pressures and challenges from different quarters to secure convictions through
pleas; can this undermine fair trials, and how can this be prevented?
Is the society aware of
the availability of plea bargaining arrangements, and if not, would you advice
them to choose it?
Does the use of plea
bargaining indicate collapse or failure of a jury trial?
What is the solution
and alternative to plea-bargaining?
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