Whats bad about plea bargaining?
Depending upon the case, plea bargaining can place enormous amount of pressure on the individual charged to compromise what might be accurate and firmly held belief in their innocence. People will be called upon to make decisions that forego the opportunity to test evidence at trial, because the potential cost of losing a trial will expose them to an overwhelmingly greater possible sentence. For example, imagine representing someone who maintains their innocence of a given charge. Imagine that you’ve done a thorough investigation of the case, and you’re persuaded that, while there is some proof, there is some serious or significant questions based on what you know about the quality of proof, and possibly even about whether or not your client committed the crime for which he’s charged. Now imagine that if your client goes to trial and loses; your client can get 25 years to life in prison. And imagine that, on the eve of trial, your client is offered a plea of seven to 21 years. Your cli