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Old 03-27-2009, 01:44 PM
baby gurl
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Default What are some cons about plea bargaining?

Alright another debate i have to do! ugh back to back so i cant really find anything on plea bargaining that is bad so i need a little help. My teacher wants me to do this!! Thank you!!!!


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Old 03-27-2009, 01:50 PM
jurydoc
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Plea bargaining results in a defendant pleading guilty to a charge that is less than the original charge. Therefore, there is no record of the severity of what the defendant actually did. Also, it results in a sentence lower than what the defendant could have gotten with the higher charge. Therefore the criminal serves less punishment than was due on the original charge.

In general, plea bargaining makes everything on someone's record look less serious than it might be. Also, it results in DA's overcharging in anticipation of pleading down.

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Old 03-27-2009, 01:54 PM
bostonianinmo
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Let's not also forget the possibility that an actually innocent accused may find him or her self in a situation that they feel that they cannot prove their innocence and so choose the plea agreement as the lesser of two evils. It has happened MANY times, particularly among indigent defendants who often are at the mercy of poor quality public defenders and prosecuting attorneys up for reelection seeking to keep their conviction rates as high as possible.

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Old 03-27-2009, 01:58 PM
holdemfoldem911
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Plea bargains usually include a gag order or something similar. In other words, lets say you accept a plea bargain with a hospital and that plea bargain includes a gag order or something similar. You then would not be able to publicly state the hospital did anything wrong, thereby allowing them to pay you off and continue to do business as usual. Plea bargains are usually cheaper on corporations than risking a judgment, punitive damages and corrective actions.

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