Who Really Benefits from a Plea Bargain?

The law and justice system in the United States is by no means perfect. In fact it has its fair share of flaws and holes in it. However, one aspect of the law and justice system that has come under intense scrutiny is the plea bargain system. The district attorneys (DA) and prosecutors often offer criminals deals in which the time served in jail is far less than the time the person would have served in prison had the person been convicted by a jury.

From the point of view of the prosecutor or district attorney, plea bargains ensure that the criminal is off the streets. Sometimes a very good defense attorney can convince the jury that even the guiltiest of criminals is innocent and then the person is let free. Plea bargains ensure that the prosecutor seeks justice for the families of the victims of a rape victim or for the family of someone who has been murdered. There are many incompetent prosecutors out there and sometimes serial killers are let loose back on the streets. This is a prosecutor's worst nightmare.

Looking at a plea bargain from the perspective of a defense attorney, a plea bargain reduces a defendant's sentence by many years. Very often during a trial or even before a trial, the evidence is overwhelmingly stacked against the defendant and he has very little chance of not being convicted of the crime that he committed. Many times the defendant has a public defendant lawyer because he is poor so the court appoints an attorney for him. Public Defender attorneys do not want to go through a long lengthy trial and often convince their clients to take a plea bargain deal.

Still, the third perspective that a plea bargain can be looked at is through the eyes of the victims of a family. For the family, there is no justice unless a jury convicts the criminal on the highest possible charges. For the family of the victim, the defendant should serve the maximum amount of time behind bars in prison. However, because of the plea bargain, families face their greatest fear as the criminals are back on the streets within a couple of years.

Plea bargains also come into effect when the prosecutor has to strike a deal with the defendant so that the defendant will give the police the necessary information to find the whereabouts of a person held hostage or the body of a murder. Other times, a plea bargain is struck so that the defendant can testify against other people who the District Attorney will charge with a crime. The defendant's testimony on the stand as a witness strengthens the case of the prosecutor.

So in summary, a plea bargain can either be a lose-lose situation or a win-win situation, depending on which side you are on.