Resolved: In the United States, Plea Bargaining undermines the criminal justcie system.

We negate: Resolved: In the United States, plea bargaining undermines the criminal justice system. Princeton defines plea bargaining as "negotiating a verdict and sentence without a complete trial". Princeton defines justice as "what is legally or ethically right or proper or fitting". Undermine is defined as "to weaken by attacking the base or foundation of" a system. With these definitions are our contentions. Contention One: Plea bargaining balances the Criminal Justice System financially and prevents an overflow of criminal trials. Without plea bargaining, the system would be inhibited by far too many cases. The Criminal Justice System relies on plea bargaining, and without it, it would suffer. According to Michael Kinsley of Harvard Law, for every one criminal conviction, 19 cases are settled by plea bargaining. Despite the fact that the criminal justice system is already overwhelmed, without plea bargaining, further complications would be created, and these issues would inhibit the system, and in turn fulfilling justice to the fullest would not be possible. Plea bargaining is a tool to ensure that the Criminal Justice System runs quickly and smoothly. Plea bargaining is necessary for the criminal justice system. According to America.Gov, with plea bargaining, the Criminal Justice System costs approximately $3.8 billion annually, and without it, it would cost over $76 billion annually. Overcriminalization is also too costly. According to the Department of Corrections, it costs approximately $20,000 to detain one inmate for year, and there are 2.2 million inmates in America, according to Reuters. 95% of these inmates have plea bargained, so over 2 million inmates have plea bargained. Without plea bargaining, these 2 million inmates would go to trial. According to the News Herald, in the U.S., the prosecution has a 70% conviction rate in trials brought to court. This means 1.4 million people would be convicted as opposed to 2 million, however, they would have a longer sentence. Candace McCoy, professor of law from the University of New York, says convictions after a trial result in a sentence 9 times longer than those of plea bargaining. Therefore, the 2 million inmates who plea bargain, times $20,000 for a year would cost $40 billion annually. On the contrary, 1.4 million inmates convicted who would have plea bargained, times $20,000 for a year, times 9, because these sentences will be 9 times longer, and therefore will be 9 times as many years, would cost $252 billion. Thus, plea bargaining is best for society. According to Bruce Green, professor of law and director of the Center for Law and Ethics at Fordham University, "the main benefit of plea bargaining is saving an astronomical amount of money and resources." It is fairer to witnesses and prospective jurors because if a jury had to be formed for every case, people would have to leave their jobs, which would be unfair to the public. He says "from the state's point of view, if you have someone, especially someone who's clearly guilty, and you could get them to plead guilty by offering them an inducement, it's in everybody's interest to do that." Plea bargaining does not undermine the criminal justice system because it ensures order in society, and because of it society benefits. Contention Two: Plea bargaining has legal procedures that yield its constitutionality. Subpoint A: There have been multiple instances of attempted coercion in the legal system, but the precedent was made by the Supreme Court that coercion is illegal. In Machibroda vs. United States, the Supreme Court stated that "[a] guilty plea, if induced by promises or threats which deprive it of the character of a voluntary act, is void." Also, The Supreme Court held in Boykin vs. Alabama that a plea, which was not "voluntary and knowing," violates due process and is void. The Court also determined that the record of the trial court proceeding must affirmatively reflect that the defendant voluntarily entered the guilty plea. According to the Encyclopedia of Everyday Law, You can only enter a plea bargain if you do it knowingly, voluntarily, and have a factual basis to support the charges to which the defendant is pleading guilty. "Knowingly" means you understand the rights you're giving up and "voluntarily" means you are not coerced. Because a plea bargain must be agreed upon in a reasonable manner, it does not infringe on Americans' rights. The Criminal Justice System is supposed to protect people's rights, and plea bargaining ensures this, and therefore does not undermine it. Subpoint B: It is Constitutional that plea bargaining exists in this country. The criminal justice system is defined as "a set of legal and social institutions [that fit] in accordance with a defined set of rules and limitations". This resolution is explicitly about the United States, where the "defined set of rules" is the Constitution, which states in Article 1 Section 8 Clause 18 that "The Congress shall have Power - To make all Laws which shall be necessary and proper". According to the European Association of Law and Economics, "plea-bargaining was unnecessary … in the United States" until the 19th century, at which point it became necessary. Therefore, Congress is legally and morally obliged to codify plea bargaining, which has been done in the Federal Rules of Criminal Procedure. The United States Criminal Justice System complies with plea bargaining, not only in a realistic sense, but in a legal sense as well. For the aforementioned reasons, we strongly urge a CON ballot today. Thank you.