In the United States, plea bargaining undermines the criminal justice system.

This debate will be the January 2011 PF topic. Bellow is a highly condensed version of my case (rough draft) and would be willing to swap cases with anyone who emails me. Jimmyjxu -gmail.com I negate Resolved: In the United States, plea bargaining undermines the criminal justice system. To facilitate this debate we offer the following definitions: Plea Bargain as defined by Black's Law: The process whereby the ACCUSED and the PROSECUTOR in a criminal case work out a mutually satisfactory DISPOSITION of the case subject to court approval. Undermine as defined by Merriam Webster: To weaken or ruin by degrees The Justice System as defined by Black's Law: A system of courts and other bureaucracies that handle America's criminal legal business, including offices of various state and federal prosecutors and public defenders. Contention 1: Plea bargaining provides prosecutors and defense attorneys with the flexibility resolve some cases while allocating scarce resources to cases that require them. Plea bargains have surged because there are more crimes and there are more petty offenses which now are criminalized (offenses such as failing to pay a bus fare, being an unlicensed vendor, petty burglary, shoplifting, etc.). In the United States our judicial system and courts are alloted a limited amount of resources and thus should be spent efficiently and effectively through the prosecution of capital offenses. Of course, prosecutors are also concerned about their own calendars. Crowded calendars mean that the prosecutor's staff is overworked. Plea bargains tend to lighten everyone's caseload. Because plea bargains are much quicker and require less work than trials, they are also easier on the prosecutor's budget. With today's cutbacks on already slim resources, prosecutors feel they will have additional time and resources for more important cases if they conclude a large number of less serious cases with plea bargains. Contention 2: Plea bargaining takes away the uncertainty of a criminal trial Most people are guilty of what they're charged with; however going to trial is a winner takes all bet and plea bargaining thus insures that conviction given scanty evidence. Contention 3: Plea bargains offer the defendant a freedom of choice. The defendant can chose to give up his 6th am right in order to gain benefits. Contention 4: Plea bargains reduce the strain on already overburdened prison systems For a judge, the primary incentive for accepting a plea bargain is to move along a crowded calendar. Most judges simply do not have time to try every case that comes through the door. Additionally, because jails are overcrowded, judges may face the prospect of having to release convicted people before they complete their sentences. A recent CNN article in 2009 reports Federal judges tentatively ruled that California must reduce the number of inmates in its overcrowded prison system by up to 40 percent to stop a constitutional violation of prisoners' rights. Implementing the court's ruling would result in up to 58,000 prisoners being released despite their sentence, by allowing convicts that have not served their full sentence to reintegrate into society threat to public safety. Judges often reason that using plea bargains to "process out" offenders who are not likely to do much jail time leads to fewer problems with overcrowding Contention 5: Plea bargains allow the prosecution to obtain otherwise unavailable witness testimony for other cases Plea bargaining eliminates the threat of major criminals. When plea bargaining occurs in exchange for testimony, it is in order to convict another of a more significant offense. The sentence of a minor criminal is lessened, so that one at a higher level may be convicted. It is obvious that higher level criminals are of greater detriment to society than their lesser counterparts. They cause a greater amount of crime to be perpetrated within a society. Therefore, their conviction is of greater benefit. Because plea bargaining lessens the danger to society, justice is achieved for each individual within that society.