Critical Thinking #3

Although the 6th Amendment to the U.S. Constitution guarantees criminal defendants the right to a trial by jury, trials are becoming increasingly rare. Plea bargaining has become a dominant fixture in courtrooms across the country, and it is used to help ensure that cases are processed and disposed efficiently. By most estimates, fewer than 5% of criminal defendants are currently convicted at trial–the rest plead guilty.

Is this a good thing or a bad thing? Proponents of plea bargaining argue that this system benefits everyone involved, including prosecutors, defendants, defense attorneys, judges, and crime victims. Critics of plea bargaining, however, argue that plea bargaining undermines due process and is a tool used by prosecutors to secure convictions, even among defendants who are innocent.

For this assignment, students will write a short paper (2-3 double-spaced pages, 500-700 words) that outlines the pros and cons of plea bargaining. To help orient yourself to this topic, you should begin by reading the three articles attached below, which provide some background information on the state of plea bargaining. For your paper, you also will need locate at least TWO additional research studies published in peer-reviewed academic journals that discuss issue(s) related to plea bargains and courts heavy reliance on them.

Your paper should include four components:

1. A discussion of the advantages and disadvantages of plea bargaining
2. An overview of the specific arguments or findings from the academic sources you located
3. A summary of your own opinions on whether plea bargaining is a good thing or a bad thing
4. A “References” page with proper APA-style citations of your two additional articles