Is plea bargaining unfair to the victim? In every state in the United States, courts resolve overcrowding and other issues by offering plea deals which could be unfair to the victims of their crimes. Not only do the victims have to deal with the loss of their loved one or the crime committed against them, But also have to watch the criminal who committed the crime get a much lesser sentence then he deserves simply because he made it easier for the courts to convict him. It is hard to imagine the way it feels to lose someone very close to one’s heart, let alone having that person’s killer all but get away with what he did. Plea bargaining was first created by the court case Brady v. Maryland in 1970 and roughly 90% of cases have been
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defendants have plea bargained. The Kobayoshi case in 1992 was a situation where a plea deal made with one of several co-defendants raised the possibility of convicting the other defendants by testimony from the defendant bargaining against the other defendants being the stipulation of the agreement. An economic rationale for plea bargaining has been first offered by Landes (1971) based on the argument that it can save trial resources considerably. (Jeong-Yoo 8) Santobello v. New York is a case where after a plea deal was struck the prosecutor was replaced just before trial and the new prosecutor recommended the maximum sentence and the petitioner’s request to withdraw his guilty plea was denied resulting in a new trial. This was a case which created remedies for when plea bargains are broken. The case was retried.
The United States court system agrees with plea bargaining because without them the courts would be tied up for decades with trials. It would quite literally bankrupt a state to try every case that comes in from beginning to end. The prosecutors and courts believe plea deals serve the same purpose as trial if the deal removes the murderer from society for life, isn’t it
Eldridge 3 the best justice served? (Fanaro 8). Many believe that plea bargaining is a slap in the face to the victims when they find out