Plea Bargaining is an Effective Alternative Process

Plea Bargaining is “An agreement set up between the plaintiff and the defendant to come to a resolution about a case, without ever taking it to trial.”It saves resources (e.g., time, money, and human resources); hence justice is served for the Plaintiff and Defendant swiftly. It also allows the channeling of the saved resources to other causes, spinning the wheels of justice for the entire population not just for the subject Plaintiffs and Defendants.

In Emily Yoffee’s September 2017 article “Innocence Is Irrelevant, she narrates the story of a lady, Sweatt, who pleaded guilty, despite proclaiming her innocence, to a Class D felony and a misdemeanor for possession of marijuana and its paraphernalia for a lesser sentence. The Class D felony was reduced to a Class A misdemeanor with a suspended sentence of six months, and the misdemeanor charge was dismissed.

Critique on Plea Bargaining arises solely from its poor implementation where accused persons are coerced into making confessions for lesser penalties or dropped charges. The aforenamed article and Missouri v. Frye, say as much by blaming the justice system , e.g., public defenders for the injustices.

It is not the Plea Bargaining process that needs fixing but the process’ custodians and its implementation. A stellar example is Carolina v. Alford, where the Court held that one could plead without admitting guilt. Checks and balances and effective systems must be effectively used to actualize the full potential of the Plea Bargaining process of representing justice.

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