The use of plea bargaining in the United States' criminal justice system

This paper examines the use of plea bargaining in the United States’ criminal justice system. With only 10% of criminal cases being resolved through trial, bargaining is widely used as a means of obtaining quicker convictions. Since plea bargaining received constitutional recognition in Brady v. U.S. (1970), guidelines have been formed to regulate the use of pleas. These guidelines are included in the Federal Rules for Criminal Procedure, American Bar Association, and local court rules. Although plea bargaining has been well established in the United States’ criminal justice system, issues concerning its use still arise: these include victim participation, effectiveness, and ethics of negotiations. This paper will examine the issues and critiques of the process, while also discussing possible resolutions to such problems. Overall, a synopsis is provided of the use of plea bargaining as a means to resolve criminal cases.