My partner and I hold a firm stance of negation for the resolution which states, Resolved: In the United States, plea bargaining undermines the criminal justice system. For the clarification of the following debate, the CON team offers the following definitions in pertinence to the resolution.
Plea Bargaining: an exchange of official concessions for a defendant’s act of self-conviction by entering a plea of guilty
(North Western Law)
Criminal justice system: Criminal justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, and sanctioning those who violate laws with criminal penalties and rehabilitation efforts (www.id.uscourts.gov/terms-cd.htm)
Undermine: To weaken or ruin by degrees
(http://www.merriam-webster.com/dictionary/undermine)
Throughout this debate, the round will operate on the framework that the PRO team must offer evidence showing that plea bargaining undermines the criminal justice system, and that the CON team must offer evidence showing how plea bargaining does not undermine the criminal justice system or even benefits it. The CON team wins this round if we can prove that there is a balance between benefits and harms or an overall benefit. In addition, this debate will only involve systems of plea bargain found in and used in the United States, and shall not encompass any other form used by foreign countries in application to the United States criminal justice system because these will all be purely theoretical.
Contention 1: Plea bargaining prevents jail overcrowding as well as overcrowding court dockets
The court system heavily relied on the use of pleas to keep the system moving. In cases involving a plea the judge is able to dispose of a case quickly and move on to the next (4, 5, 6, 9, 13, 15). In terms of jails and prisons, plea-bargaining can also reduce the number of inmates entering the facilities as jail time may have been suspended as a condition of a plea bargain. Plea bargains are generally encouraged by the court system, and have become something of a necessity due to overburdened criminal court dockets and overcrowded jails (18). Of the 50 largest jail systems in the United States which house a third of all criminals, 19 of these are operating at over their rated capacities, reflecting on the overwhelming increase in the number of incarcerated criminals (10). Because 95% of all criminal court cases held in the United States are resolved through the use of plea-bargaining, only 25,000 of the annual 500,000 criminal cases go through the overcrowded court system (2, 5, 11, 17, 18, 23). This allows more attention to be given to these more severe cases. “The system would collapse if every case that was filed in the criminal justice system were to be set for trial," says Judge Caprice Cosper of the Harris County Criminal Court in Houston, Texas (9, 19, 20, 23). A small 10% reduction in plea bargaining would double the number of trials sent to criminal court, consuming its resources and even more overcrowding its dockets (19). Because a majority of cases are resolved within months or even years, it is absolutely imperative that the court system is able to draw attention to the 25,000 cases of prosecutors not pleading guilty; therefore a trial is absolutely required (21).
Contention 2: Plea bargains allow justice to be served to more people
A plea bargain, by definition is a negotiation between the prosecutor and the defendant, prior to a trial, on the extent and severity of the sentence of the defendant. This ensures that justice will be served for the prosecutor. The prosecutor will not be willing to accept a punishment less than what he or she believes suitable for the crime, and a negotiation between the prosecutor and defendant will allow justice to be served to the prosecutor’s content. The punishment agreed upon by the prosecutor and the defendant then goes to the judge of the case, and is given approval (15). If not approved of, then the case goes ahead into a trial without the plea bargain. The aspects that the judge takes into consideration when contemplating approval of the terms of the plea bargain include the seriousness of the crime, the severity of the punishment in the plea bargain, and how these compare to the punishment that would have been dealt had the trial actually gone through a jury. This ensures that there will be a fair justice being provided for the prosecutor, and a fair punishment for a guilty defendant that is also in the interest of the prosecutor (16).
Contention 3: Plea bargaining ensures that a criminal will be convicted
In the criminal justice system; the defendant is innocent until proven guilty beyond a reasonable doubt. A plea bargain ensures that a guilty defendant cannot escape justice by convicting them prior to a trial. For prosecutors, a lightened caseload is equally attractive. But more importantly, plea bargaining assures a CONVICTION, even if it is for a lesser charge or crime (8, 15). No matter how strong the evidence may be, no case is a foregone conclusion. Prosecutors often wage long and expensive trials but lose, as happened in the infamous O. J. Simpson murder trial (22). Moreover, prosecutors may use plea bargaining to further their case against a co-defendant. They may accept a plea bargain arrangement from one defendant in return for damaging TESTIMONY against another. This way, they are assured of at least one conviction (albeit on a lesser charge) plus enhanced chances of winning a conviction against the second defendant (8, 15, 24). This, in turn, allows for more evidence to be found, increasing the chances of conviction and support for a case while assuring the conviction of one of the defendants.
The practice of plea bargaining does not undermine the criminal justice system, and in fact benefits it. It allows for more cases to be held and prevents overcrowding in jails and court dockets, it allows more justice to be served fairly for the prosecutor and deals a just sentence to the defendant, and it assures that there will be a conviction. Without plea bargaining, the entire criminal justice system would be ineffectual. For these reasons, we strongly urge a Con ballot.
Contention 4: Plea Bargaining allows the justice system to function
The goal of the criminal justice system is to protect the innocent and to convict the guilty. Plea bargaining aids in the support of this statement because it allows for cases to be held. “The system would collapse if every case that was filed in the criminal justice system were to be set for trial," says Judge Caprice Cosper of the Harris County Criminal Court in Houston, Texas (9, 19, 20, 23). A small 10% reduction in plea bargaining would double the number of trials sent to criminal court, consuming its resources and even more overcrowding its dockets (19). Because a majority of cases are resolved within months or even years, it is absolutely imperative that the court system is able to draw attention to the 25,000 cases of prosecutors not pleading guilty; therefore a trial is absolutely required (21).
Contention 5: The practice of plea bargaining upholds the goals of the criminal justice system
The primary goals of the criminal justice system are to enforce the law, prosecute criminals fairly, protect rights of those involved in a trial, and to sentence a guilty criminal (25). This is not able to happen without plea bargaining because each case would take years to get a hearing, and even more time to conclude and move onto the next case. A plea bargain is only approved by the judge only after he or she is certain that the defendant who is agreeing to the terms of the plea bargain is doing so in an intelligent and voluntary manner (3, 6, 12, 14, 15). This ensures that the defendant is willingly and knowingly waiving their rights, upholding the criminal justice system’s goal of protecting rights. Because fair justice and a fair punishment is provided for each plea bargain case, it is also provided to more victims because a clear majority of cases are resolved with plea bargains.
Contention 6: Plea bargaining enhances the efficiency of the criminal justice system to prosecute and convict criminals
In the case of Brady v. United States, a co-defendant agreed to a plea bargain in exchange for a lesser sentence. In turn, the co-defendant revealed vital information that testified against the other defendant on trial. Upon hearing that his co-defendant had confessed, petitioner switched his plea of not-guilty to guilty. The court confirmed that this plea bargain was in fact voluntary (1, 9, 15). Courts have generally upheld bargains whereby one defendant agrees to testify against another defendant or to provide evidence that incriminates another suspect. Some criminal defendants have sought to challenge these arrangements when other defendants have testified against them. For example, in United States v. Singleton, 165 F.3d 1297 (10th Cir. 1999), prosecutors struck a deal with Napoleon Douglas, a drug dealer, whereby the prosecutors agreed to reduce the charges against him if he agreed to testify against Sonya E. Singleton. A trial court convicted Singleton of conspiring to distribute drugs and of MONEY LAUNDERING (6). These cases show how plea bargains can actually assure the conviction of all the guilty defendants on trial.
SOURCES
1. http://supreme.justia.com/us/397/742/case.html
2. http://www.jstor.org/pss/20454559
3. http://www.pbs.org/wgbh/pages/frontline/shows/plea/interviews/mcspadden.html
4. http://www.criminalinfonetwork.com/plea-bargain.htm
5. http://www.legalinfo.com/content/criminal-law/stages-of-a-criminal-case-plea-bargain.html
6. http://law.jrank.org/pages/9229/Plea-Bargaining.html
7. http://law.jrank.org/pages/848/Criminal-Justice-Process-Plea-bargaining.html
8. http://www.associatedcontent.com/article/664325/who_benefits_from_plea_bargaining_pg2.html?cat=17
9. http://www.goforthelaw.com/articles/fromlawstu/article83.htm
10. http://crime.about.com/od/prison/a/bjs040720.htm
11. http://www.articlecity.com/articles/legal/article_719.shtml
12. http://legal-dictionary.thefreedictionary.com/Plea+Bargaining
13. http://articles.latimes.com/1991-03-28/local/me-1355_1_defender-s-office-public-defender-kenneth-i-clayman
14. http://criminal.findlaw.com/crimes/criminal_stages/stages-plea-bargains/plea-bargaining-in-federal-courts.html
15. http://www.enotes.com/everyday-law-encyclopedia/plea-bargaining
16. http://www.jonesbahamas.com/?c=45&a=18373
17. http://truthinjustice.org/bargaining.htm
18. http://www.criminal-law-lawyer-source.com/terms/plea.html
19. http://www.time.com/time/magazine/article/0%2C9171%2C916340%2C00.html
20. http://www.associatedcontent.com/article/31672/plea_bargaining_in_the_criminal_justice_pg2.html?cat=17
21. http://www.cochranfirm.com/resources/CarAccidents/trial.htm
22. http://www.trutv.com/library/crime/notorious_murders/famous/simpson/index_1.html
23. http://truthinjustice.org/the-plea.htm
24. http://criminal.findlaw.com/crimes/criminal_stages/stages-plea-bargains/plea-bargain-pros-and-cons.html
25. http://www.ehow.com/list_6589613_objectives-criminal-justice-system.html
Remember guys, do NOT plagarize my work please! Use this speech to inform yourself or use arguments from, but if you do, please give me credit!
Thanks guys! And good luck!!
- Atharva Dhole
Plea Bargaining: an exchange of official concessions for a defendant’s act of self-conviction by entering a plea of guilty
(North Western Law)
Criminal justice system: Criminal justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, and sanctioning those who violate laws with criminal penalties and rehabilitation efforts (www.id.uscourts.gov/terms-cd.htm)
Undermine: To weaken or ruin by degrees
(http://www.merriam-webster.com/dictionary/undermine)
Throughout this debate, the round will operate on the framework that the PRO team must offer evidence showing that plea bargaining undermines the criminal justice system, and that the CON team must offer evidence showing how plea bargaining does not undermine the criminal justice system or even benefits it. The CON team wins this round if we can prove that there is a balance between benefits and harms or an overall benefit. In addition, this debate will only involve systems of plea bargain found in and used in the United States, and shall not encompass any other form used by foreign countries in application to the United States criminal justice system because these will all be purely theoretical.
Contention 1: Plea bargaining prevents jail overcrowding as well as overcrowding court dockets
The court system heavily relied on the use of pleas to keep the system moving. In cases involving a plea the judge is able to dispose of a case quickly and move on to the next (4, 5, 6, 9, 13, 15). In terms of jails and prisons, plea-bargaining can also reduce the number of inmates entering the facilities as jail time may have been suspended as a condition of a plea bargain. Plea bargains are generally encouraged by the court system, and have become something of a necessity due to overburdened criminal court dockets and overcrowded jails (18). Of the 50 largest jail systems in the United States which house a third of all criminals, 19 of these are operating at over their rated capacities, reflecting on the overwhelming increase in the number of incarcerated criminals (10). Because 95% of all criminal court cases held in the United States are resolved through the use of plea-bargaining, only 25,000 of the annual 500,000 criminal cases go through the overcrowded court system (2, 5, 11, 17, 18, 23). This allows more attention to be given to these more severe cases. “The system would collapse if every case that was filed in the criminal justice system were to be set for trial," says Judge Caprice Cosper of the Harris County Criminal Court in Houston, Texas (9, 19, 20, 23). A small 10% reduction in plea bargaining would double the number of trials sent to criminal court, consuming its resources and even more overcrowding its dockets (19). Because a majority of cases are resolved within months or even years, it is absolutely imperative that the court system is able to draw attention to the 25,000 cases of prosecutors not pleading guilty; therefore a trial is absolutely required (21).
Contention 2: Plea bargains allow justice to be served to more people
A plea bargain, by definition is a negotiation between the prosecutor and the defendant, prior to a trial, on the extent and severity of the sentence of the defendant. This ensures that justice will be served for the prosecutor. The prosecutor will not be willing to accept a punishment less than what he or she believes suitable for the crime, and a negotiation between the prosecutor and defendant will allow justice to be served to the prosecutor’s content. The punishment agreed upon by the prosecutor and the defendant then goes to the judge of the case, and is given approval (15). If not approved of, then the case goes ahead into a trial without the plea bargain. The aspects that the judge takes into consideration when contemplating approval of the terms of the plea bargain include the seriousness of the crime, the severity of the punishment in the plea bargain, and how these compare to the punishment that would have been dealt had the trial actually gone through a jury. This ensures that there will be a fair justice being provided for the prosecutor, and a fair punishment for a guilty defendant that is also in the interest of the prosecutor (16).
Contention 3: Plea bargaining ensures that a criminal will be convicted
In the criminal justice system; the defendant is innocent until proven guilty beyond a reasonable doubt. A plea bargain ensures that a guilty defendant cannot escape justice by convicting them prior to a trial. For prosecutors, a lightened caseload is equally attractive. But more importantly, plea bargaining assures a CONVICTION, even if it is for a lesser charge or crime (8, 15). No matter how strong the evidence may be, no case is a foregone conclusion. Prosecutors often wage long and expensive trials but lose, as happened in the infamous O. J. Simpson murder trial (22). Moreover, prosecutors may use plea bargaining to further their case against a co-defendant. They may accept a plea bargain arrangement from one defendant in return for damaging TESTIMONY against another. This way, they are assured of at least one conviction (albeit on a lesser charge) plus enhanced chances of winning a conviction against the second defendant (8, 15, 24). This, in turn, allows for more evidence to be found, increasing the chances of conviction and support for a case while assuring the conviction of one of the defendants.
The practice of plea bargaining does not undermine the criminal justice system, and in fact benefits it. It allows for more cases to be held and prevents overcrowding in jails and court dockets, it allows more justice to be served fairly for the prosecutor and deals a just sentence to the defendant, and it assures that there will be a conviction. Without plea bargaining, the entire criminal justice system would be ineffectual. For these reasons, we strongly urge a Con ballot.
Contention 4: Plea Bargaining allows the justice system to function
The goal of the criminal justice system is to protect the innocent and to convict the guilty. Plea bargaining aids in the support of this statement because it allows for cases to be held. “The system would collapse if every case that was filed in the criminal justice system were to be set for trial," says Judge Caprice Cosper of the Harris County Criminal Court in Houston, Texas (9, 19, 20, 23). A small 10% reduction in plea bargaining would double the number of trials sent to criminal court, consuming its resources and even more overcrowding its dockets (19). Because a majority of cases are resolved within months or even years, it is absolutely imperative that the court system is able to draw attention to the 25,000 cases of prosecutors not pleading guilty; therefore a trial is absolutely required (21).
Contention 5: The practice of plea bargaining upholds the goals of the criminal justice system
The primary goals of the criminal justice system are to enforce the law, prosecute criminals fairly, protect rights of those involved in a trial, and to sentence a guilty criminal (25). This is not able to happen without plea bargaining because each case would take years to get a hearing, and even more time to conclude and move onto the next case. A plea bargain is only approved by the judge only after he or she is certain that the defendant who is agreeing to the terms of the plea bargain is doing so in an intelligent and voluntary manner (3, 6, 12, 14, 15). This ensures that the defendant is willingly and knowingly waiving their rights, upholding the criminal justice system’s goal of protecting rights. Because fair justice and a fair punishment is provided for each plea bargain case, it is also provided to more victims because a clear majority of cases are resolved with plea bargains.
Contention 6: Plea bargaining enhances the efficiency of the criminal justice system to prosecute and convict criminals
In the case of Brady v. United States, a co-defendant agreed to a plea bargain in exchange for a lesser sentence. In turn, the co-defendant revealed vital information that testified against the other defendant on trial. Upon hearing that his co-defendant had confessed, petitioner switched his plea of not-guilty to guilty. The court confirmed that this plea bargain was in fact voluntary (1, 9, 15). Courts have generally upheld bargains whereby one defendant agrees to testify against another defendant or to provide evidence that incriminates another suspect. Some criminal defendants have sought to challenge these arrangements when other defendants have testified against them. For example, in United States v. Singleton, 165 F.3d 1297 (10th Cir. 1999), prosecutors struck a deal with Napoleon Douglas, a drug dealer, whereby the prosecutors agreed to reduce the charges against him if he agreed to testify against Sonya E. Singleton. A trial court convicted Singleton of conspiring to distribute drugs and of MONEY LAUNDERING (6). These cases show how plea bargains can actually assure the conviction of all the guilty defendants on trial.
SOURCES
1. http://supreme.justia.com/us/397/742/case.html
2. http://www.jstor.org/pss/20454559
3. http://www.pbs.org/wgbh/pages/frontline/shows/plea/interviews/mcspadden.html
4. http://www.criminalinfonetwork.com/plea-bargain.htm
5. http://www.legalinfo.com/content/criminal-law/stages-of-a-criminal-case-plea-bargain.html
6. http://law.jrank.org/pages/9229/Plea-Bargaining.html
7. http://law.jrank.org/pages/848/Criminal-Justice-Process-Plea-bargaining.html
8. http://www.associatedcontent.com/article/664325/who_benefits_from_plea_bargaining_pg2.html?cat=17
9. http://www.goforthelaw.com/articles/fromlawstu/article83.htm
10. http://crime.about.com/od/prison/a/bjs040720.htm
11. http://www.articlecity.com/articles/legal/article_719.shtml
12. http://legal-dictionary.thefreedictionary.com/Plea+Bargaining
13. http://articles.latimes.com/1991-03-28/local/me-1355_1_defender-s-office-public-defender-kenneth-i-clayman
14. http://criminal.findlaw.com/crimes/criminal_stages/stages-plea-bargains/plea-bargaining-in-federal-courts.html
15. http://www.enotes.com/everyday-law-encyclopedia/plea-bargaining
16. http://www.jonesbahamas.com/?c=45&a=18373
17. http://truthinjustice.org/bargaining.htm
18. http://www.criminal-law-lawyer-source.com/terms/plea.html
19. http://www.time.com/time/magazine/article/0%2C9171%2C916340%2C00.html
20. http://www.associatedcontent.com/article/31672/plea_bargaining_in_the_criminal_justice_pg2.html?cat=17
21. http://www.cochranfirm.com/resources/CarAccidents/trial.htm
22. http://www.trutv.com/library/crime/notorious_murders/famous/simpson/index_1.html
23. http://truthinjustice.org/the-plea.htm
24. http://criminal.findlaw.com/crimes/criminal_stages/stages-plea-bargains/plea-bargain-pros-and-cons.html
25. http://www.ehow.com/list_6589613_objectives-criminal-justice-system.html
Remember guys, do NOT plagarize my work please! Use this speech to inform yourself or use arguments from, but if you do, please give me credit!
Thanks guys! And good luck!!
- Atharva Dhole
