Plea bargaining ought to be eradicated. It weakens the law byfailing to be just to victims and according due punishment tocriminals. Guilty wrongdoers receive lesser sentences due to themonetary strain in the judicial structure in America (TheForensics File 8). The endeavor of issuing wrongdoers that pleabargain lesser sentences leads to unfair sentences, whereby thereprimand is very light considering the severity of an offence. Thisfails to ensure justice for victims by making the justice systemcheaper, which in turn lessens the rule of reprisal. Plea bargainingby putting the authority of assigning reprisal to prosecutors permitsfor all types of prejudice and corruption (The Forensics File9). This is because validating a defendant’s blameworthinessbecomes a mere administrative duty of the prosecutor.
Prosecutorial discretion awards unconditional authorities toprosecuting attorneys. This involves issues regarding if or not toraise criminal charges, settle on the manner of charges, plea bargainand recommend punishment (Davis 13). The kinds of discretion aprosecutor has are those related to making charges and regulation ofa plea bargain. Prosecutors have total discretion in settling on ifto venture into a plea bargain. A different discretion is the lack ofmandate to avail all the proof the prosecutor acquires to defendants(Davis 13). The charging decision discretion ought to be eliminated.The manner in which prosecutors determine what cases ought to beprosecuted might become a source of disagreement amid outsiders(Davis 16). This is because courts are not permitted to review howand reasons for charging verdicts. In ensuring a just judicialsystem, it is necessary for prosecutors to present a logicalexplanation on why they decide to make charges, or why they decidenot to.
Davis, Angela J. Arbitrary Justice: The Power of the AmericanProsecutor. Oxford: Oxford University Press, 2007. Internetresource.
The Forensics File. Resolved: In the United States, pleabargaining undermines the criminal justice system Jan. 2011: 1-50.