Crim1010writing2SunhoKim

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This paper will discuss about the controversy toward plea bargains, answering to main two questions which are 'Should the use of plea bargains be eliminated, reduced, or retained?' and 'What can be done to reduce the misuse of plea bargains?'. I argue that plea bargains should be reduced. The reason why I argue it should be 'reduced', not 'eliminated', is because plea bargains have some several benefits. It helps streamline the legal process with reducing the waste time spent on diverse cases that investigators must cope with. Plea bargains can also incentivize defendants to admit guilt, providing closure to victims and saving time and expenses associated with trials. It is playing a role of giving opportunity of confession that can lead to save everyone's time and money. On the other hand, plea bargains have critical side effects that can bring out potential injustices and systemic problems. First, plea bargains can result the wrongful conviction by pressuring innocent defendant to admit their guilt. It can be the coercion, pushing them to accept the plea deal. Second, the growing number of plea deals makes discrepancies in sentences more likely because different people may receive different sentences for the same offenses. Defendant who committed severe crime may abuse this system to bargain their sentence, which can harm the victim twice. Third, the prevalence of plea bargains are undermining the role of juries as it reducing the importance of trials, veiling the pursuit of truth.
To reduce the misuse of plea bargains, clear guidelines and standards for plea bargaining must be established. This would help to prevent coercion and ensure fairness. Oversight mechanisms, which play the role of monitor process also can identify any potential abuses and block the possibility of those who engage in misconduct. Moreover, implementing restrictions on the use of plea deals for particular crimes or situations can aid in preventing their overuse. There should be safeguards in place to guarantee that trials are pursued when necessary to protect the values of justice and that plea deals are not exploited as a default option. Though plea bargains have its prominent benefits in terms of expediting the legal process and securing convictions, the system is vulnerable to be exposed to coercion, lack of consistency of trial and injustice. We may work toward a more just and accountable legal system by supporting transparency, upholding defendants' rights, and advocating fair trials.
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