The Criminal Justice System - Essay Example

The delay of justice inherent in legal trials will also practically amount to a denial of justice. Therefore, plea bargaining is a legal option when a defendant willingly agrees to settle a particular case under certain conditions and guidelines. Plea bargaining allows for a settlement of many cases outside the court when the two adversarial sides agree to reach an agreement (Goldstein, 1985, p. 62). In cases subjected to plea bargaining, either of the two sides, which are either the defendant or the prosecution, can initiate negotiations for plea bargaining, if both sides are willing to reach an agreement (Goldstein, 1985, p. 63). Plea bargaining usually involves a defendant pleading guilty to some or all of the charges levied against him or her, in return for which the prosecution makes recommendations for leniency in the sentence to be awarded to the defendant (Goldstein, 1985, p. 63). The hallmark of plea bargaining is that under no circumstances a judge is bound to honor the recommendations made by the prosecution (Goldstein, 1985). Much of the plea bargains are subject to the court's approval. Though the option of plea bargaining has its positives, yet it is also predisposed to certain demerits.

     Plea bargaining allows a defendant to avoid the loss of time and resources required for defending him or her (Tonry, 2000, p. 469). Plea bargaining also allows a defendant a chance to avoid stringent and harsh sentences and the accompanying negative publicity that a full trial may achieve (Tonry, 2000, p. 469). This also saves the courts the burden of carrying out a full trial of all the charges brought before them. By engaging in plea bargaining, the prosecution also saves time and resources. Besides, a criminal trial involves much uncertainty and anxiety. Plea bargaining helps the concerned parties to avoid such uncertainty and anxiety (Tonry, 2000). Plea bargaining readily offers a conviction to the prosecution and allows one to shape the sentencing as per one’s inclinations and aspirations (Tonry, 2000). Plea bargaining also has a favorable impact on the already overcrowded prison system.

      Plea bargaining also has its demerits in the sense that the detractors of this option hold that it offers criminals an easy way out of the criminal justice system (Saney, 1986, p. 139). The other disadvantage of plea bargaining is that it is open to the approval of the courts. If a court does not agree to an agreement achieved through plea bargaining, the case is left open to a full trial (Saney, 1986, p. 139). Plea bargaining is also harsh on the defendants in the sense that once a defendant pleads guilty and signs an agreement reached through plea bargaining, one will be left with no option to submit an appeal at a later stage if the case goes for a full trial (Saney, 1986).

     Though it is pragmatic to conclude that the option of plea bargaining helps the courts being crippled by a deluge of trials, still the criminal justice system needs to contrive better options that would allow for the exercise of justice without weighing heavily on the scarce resources at its disposal.

     Luckily, besides plea bargaining, many other legal options are available to the criminal justice system. Diversion programs stand to be one such option. Diversion programs allow the courts to resort to the formal procedures affiliated with the justice system while ignoring minor criminal charges (Goldstein, 1985, p. 62). Here the defendants are usually given a chance to agree to a probation program without succumbing to a full trial (Goldstein, 1985). The successful completion of the probation program by the defendant automatically leads to the removal of charges levied against him or her.

     Though criminal justice is already facing a dire resource crunch, it should become more innovative as regards legal options at its disposal, thereby allowing for a full formal exercise of justice while making it less susceptible to being clogged or overburdened.