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Plea Bargain Essay

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Plea Bargain Essay

A plea bargain refers to an agreement between the prosecutor and the defendant, which

results in a trial avoidance. If the defendant pleads guilty, they can be sentenced by the judge

without proceeding to a trial, which is the case when the defendant pleads not guilty (Abrams,

2011). The defendant is offered a deal where they will face reduced charges, a reduction in the

severity of the offenses they are charged with, and the promise that the prosecutor will not ask

the judge for an extended punishment. Plea bargains are more common than trials in the United

States. The justice system handles more cases and uses fewer resources when plea bargains

dominate over trials in courts.

Mario has been charged with the possession of methamphetamine and driving under the

influence (DUI). The blood alcohol content level provided is above levels considered safe for

driving or operating machinery. Further, there is evidence of possession of a regulated Schedule

II substance. With these facts, it is in the best interests of both the prosecutor and the defense that

Mario pleads guilty. Failure to do so would result in a lengthy resource-consuming trial that is

highly likely to result in a guilty verdict.

As the prosecutor, I would seek to develop a deal that is mutually beneficial to both

parties. The defendant can only agree to the deal voluntarily after understanding all of its

implications (Abrams, 2011). In this case, the deal would include a recommendation on the type

of sentence to be expected. The defendant has alcohol and substance abuse issues. While they

have broken the law, the prosecutor may offer a sentence that includes reduced prison time

followed by a stay at a drug rehabilitation center. This reduces incarceration time while allowing

the defendant to change their life by engaging with professionals in a rehabilitation center.

Further, the prosecutor may ask the court to reduce the sentence to allow the individual time to
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heal and recuperate. In addition, the deal may include the reduction of possession charges if the

offender can assist in the apprehension of the person who distributes the methamphetamine he

was found in possession of. Another option in a plea bargain deal is promising the defendant that

the prosecution will arrange for sentencing with a judge who is known for leniency, especially if

the defendant has substance abuse health issues. Finally, the prosecution can offer the promise of

not appealing against the sentence.

As the defense attorney, making the plea bargain counteroffer involves focusing on three

areas. The first one is charge bargaining. Given the charges availed by the prosecution, the

attorney can work with health professionals to establish whether Mario has health issues such as

alcoholism. The DUI charges may be dropped if it is established that Mario has a compulsive

urge to consume alcohol always, which is persistent with alcoholism. Since this is a recognized

mental disorder, the defense attorney would seek to have incarceration as a punishment for this

offense. Instead, alternative paths, such as probation accompanied by a mandatory rehabilitation

program with health care providers, would be recommended. The second area is sentence

bargaining. It is essential to examine the history of offenses by the defendant. If Mario is a first-

time offender, the attorney may recommend a further reduced sentence and, if possible, the

prison sentence's avoidance. If Mario is not a regular consumer of methamphetamine and his

possession was not intended for consumption, alternative punishments may be offered, including

fines, probation, and conditional discharge. The final area is fact bargaining. This involves the

admission of certain facts eliminating the need for the prosecutor to prove them (Johnson, 2016).

This is used in return for having the prosecutor not introducing other facts into evidence

(Johnson, 2016). For instance, the defense may admit that Mario was found in possession of
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methamphetamine but call into question the prosecution’s assertion that Mario has an obligation

to name the one who sold him the drug.

Both the defense and the prosecution have real interests in having a plea bargain deal as

opposed to a trial. Often, a plea bargain deal results in a less harsh sentence for the offender. It

also saves them time and resources spent given trial take long periods compared to cases

involving plea bargains. The prosecution often has many cases to handle, as do the courts. Plea

bargains reduce caseloads that can become overwhelming when many cases result in trials. A

plea bargain is ultimately accepted or rejected by the defendant. They often consider the facts of

the case presented by the prosecution against what they believe to be true or what they can prove

to the court.
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References

Abrams, D. S. (2011). Is pleading really a bargain?. Journal of Empirical Legal Studies, 8, 200-

221.

https://heinonline.org/HOL/LandingPage?handle=hein.journals/albany77&div=34&id=&

page=

Johnson, T. (2016). Measuring the Creative Plea Bargain. Ind. LJ, 92, 901.

https://heinonline.org/HOL/LandingPage?handle=hein.journals/indana92&div=28&id=&

page=

Strutin, K. (2013). Truth, justice, and the American style plea bargain. Alb. L. Rev., 77, 825.

https://onlinelibrary.wiley.com/doi/abs/10.1111/j.1740-1461.2011.01234.x