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If you are reading this, you must want to learn more or all you
can about plea bargains and court trials. In this piece, we have thoroughly
considered things you need to know about these two terms and provided you with
the information you need to make the right choice for you.
What is A Criminal Plea
Bargain?
Popularly known as a plea agreement or plea deal, plea bargains
are more common than not in many criminal cases. A plea bargain is made between
a prosecutor and defendant in a criminal case where the suspect pleads guilty
or nolo contendere to a charge in return for a concession made by the
prosecutor.
This means that, before trial, the defendant would either plead
guilty to the original charge or guilty to one of the charges (charge
bargaining) for a more lenient sentence (sentence bargaining) or the other
charges being dismissed (count bargaining). Both parties in a criminal case,
the plaintiff and defendant, often opt for a plea bargain to prevent a lengthy
court case disposition. For criminal defendants, a plea bargain may also allow
them to avoid a serious conviction at trial. On the other hand, defense
attorneys may advise their clients to settle for a plea bargain where they
claim that it will defend their clients’ interests and maintain a good
relationship with the prosecutor.
Advantages of Plea
Bargains
By choosing a plea bargain, defendants may enjoy several
benefits, some which include:
• Lighter/reduced sentences or charges.
• Faster court settlements and case closings.
• A record may show that the offenses are not as
severe.
Disadvantages of Plea
Bargains
Plea Bargains also come with their disadvantages, some of which
include:
• They are non-binding on the court; the court
can choose to accept or refuse the settlement.
• If the case does proceed to trial, the
defendant may or may not leave with a criminal record.
• There is a possibility that the defendant’s
decision to settle for a plea bargain might have been coerced.
• Guilt is automatically established.
• Appeals may be impossible.
What is A Criminal
Trial?
A criminal trial, on the other hand and simply put, is a court
case set to resolve disputes brought by the government against a charged suspect.
In many law systems, the defendant (indicted suspect) is entitled to a trial
guided by the rules of criminal procedure and held in front of a jury. A
defendant’s innocence or guilt is not yet established until a criminal trial is
complete.
While criminal procedure differs across jurisdictions, it often
occurs either as an inquisitorial or adversarial criminal procedure. The
criminal procedure begins with a formal criminal charge with the suspect either
being free on bail or incarcerated. The procedure also ends with the conviction
or acquittal of the defendant. A jury or
judge may decide a defendant’s fate at the conclusion of the trial.
Research conducted by Pew Research Center showed that in
the United States in 2018, only a mere 2% of trial cases went to trial. The
other 90% pleaded guilty to the charge made against them, while the other 8%
had their cases dismissed.
Advantages of Criminal
Trials
Criminal trials in front of a jury come with several benefits,
including:
• An open system that is supposed to serve
justice.
• Decisions of the jury are not supposed to be influenced
by public pressure.
• Justice is supposed to be served based on
fairness.
Disadvantages of
Criminal Trials
Asides the benefits of criminal trials, it also comes with its
disadvantages which include:
• The jury may be bribed to influence their
judgment.
• The jury room’s secrecy does not give room for
questionable outcomes as to how they reached their judgment, leaving no room
for appeal.
• There is no right to a multi-racial jury; hence
radical views/bias may influence their decisions.
• Judgments could be made based on hearsay,
undisclosed personal bias, or politics.