What are the criminological theories or rationale behind the plea bargaining process?
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An overwhelming majority of criminal cases are settled by plea bargaining rather than by trial. If an individual has been charged with a crime, the prosecutor may offer a reduction of charge in exchange for a guilty plea. If individuals exercise their rights and demand a jury trial, it is more likely they will be charged with a more serious crime (as opposed to taking a lesser offense), and, if convicted, they will likely be given a longer sentence.
In your initial post, answer the following questions:
- What are the criminological theories or rationale behind the plea bargaining process?
- What strategy would you incorporate to remove the disparity in bargaining power?
- What evidence-based argument would you use in dealing with this strategy?
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