For this discussion, first read Chapter 5 and pp. 1,349–1,365 in Due Process Denied: Judicial Coercion in the Plea Bargaining Process.
An overwhelming majority of criminal cases are settled by plea bargaining rather than by trial. If an individual has been charged with a crime, the prosecutor may offer a reduction of charge in exchange for a guilty plea. If individuals exercise their rights and demand a jury trial, it is more likely they will be charged with a more serious crime (as opposed to taking a lesser offense), and, if convicted, they will likely be given a longer sentence.
Must answer in a paragraph per answer
In your initial post, answer the following questions:
- What are the criminological theories or rationale behind the plea bargaining process?
- What strategy would you incorporate to remove the disparity in bargaining power?
- What evidence-based argument would you use in dealing with this strategy?
The reading is linked below. This must have references and in text citations.