Prosperity/Success Principles
Plea Bargaining’s Innocence Problem | Thought Paper
6:12 AM
A
research was conducted which discusses the fact that guilty students/participants are
more likely than innocent students/participants to accept plea bargain.
Plea
Bargain are ways to ensure a favorable disposition of a case and is also an
agreement to allow someone accused of a crime to admit being guilty of a less
serious crime in order to be given a less severe punishment.
In the experiments
conducted by different researchers, participants who are found guilty are more
likely to accept a plea for they knew that the cost of a trial is worth the
risk, and the reward from the plea bargain was not large enough to offset it. The
Innocent participants on the other hand, who fears conviction , chose the
option that offers the most rewards at the least cost which is accepting a plea
deal and avoid a potentially lengthy prison term. Participants weighing plea
bargains may consider substantive fairness and comparative fairness when
deciding whether to accept or reject such plea. In the study conducted, plea bargaining was
addressed to the participants without the presence of a defense lawyer and that
could have add another dimension in the discussion.
The
main purpose of this thought paper is to affirm that Innocent
people/participants who accepts plea bargaining are more potentially at risk. Innocent participants refusal to accept plea
bargain and to plead guilty made them believed that they could not be
wrongfully convicted for committing such crime. Unlike those participants who
are guilty indeed, they bargain for much lesser sanctions. In contrast, those innocent participants who
don’t want to undergo trial or run the risk of being imprisoned when convicted,
choose optimizing a strategy which
basically offers the most rewards of less cost which is to accept plea
bargains, especially so if the deal
contains probation to avoid potentially lengthy imprisonment or prison term.
In the article of
Russell D. Covey, entitled “Signaling and Plea Bargaining’s Innocence Problem”
" Plea bargaining’s innocence
problem is, at bottom, the result of a signaling defect. Innocent defendants
lacking verifiable innocence claims are pooled together with guilty defendants
who falsely proclaim innocence. As a result, both groups of defendants are
treated similarly at trial and in plea bargaining.” It is emphasized in
this article that the innocent participants undergo the same process or trial
with those who are really guilty of committing an offense. The person might plead innocent but because
of the fact that he or she is already charged, there is no option left but to
less likely plead guilty in which it is so unfair and degrading on his part.
Those who are truly guilty thereof should deserve the punishment for an offense
but then again, they still have the privilege for plea bargaining. Accepting a
lesser plea helps minimize cost for the innocent participants but then there
are factors that must be considered and one of these is the agreement between
the prosecution and the defense lawyer.
The prosecution protects the public interest and the defense protects
the interest of the defendants. Even if the participant is factually innocent
of the offense, this information cannot affect the plea prices if it will not
be discussed to the prosecution or jury which basically means that they are still
convicted for said offense.
In this
situation, both innocent and guilty participants are given equal rights to plea
bargain, may the punishment be lenient or harsh. The participants knowledge of
innocence or guilt affects the bargaining process. Participants who perceives
themselves guilty of the offense are more likely to discount their chances of
trial or acquittal while those participants who perceives themselves innocent,
believes they will be acquitted and that is the reason why most of them wanted
to go for trial for it is through the court proceedings, their claim of
innocence will be justified.
Indeed, innocent
participants who accepts plea bargain as sanction to an offense or crime not
committed puts them at risk. Pleading guilty
for an offense, for they are left with no choice, despite the fact that their
conscience is clear makes it so unfair for the person. While those who are
guilty indeed are still given the opportunity to plea bargain for much lesser
punishment. Innocent participants take
the risk of undergoing the rigors of tedious and lengthy trials which would
basically hamper their studies, other personal obligations and
responsibilities.
REFERENCES
Covey,
Russell D. “Signaling and Plea
Bargaining’s”
http://law2.wlu.edu/deptimages/Law%20Review/66-1CoveyPublished.pdf
Photosource: www.ncfm.org
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