Forensic Psychology and Criminal Investigation Essay - 9

Forensic Psychology and Criminal Investigation - Essay Example Plea bargaining is seen to let ‘professional’ criminals get off the hook too easily as they are familiar with the criminal justice system (Miceli, 1996). There are evident advantages for guilty offenders to opt for plea bargain as it significantly reduces their sentence as per the Sentencing Guidelines Council (2007) despite convincing evidence. Similarly, imprisonment may be substituted by alternatives such as home detention, probation period, or community service and even immediate release. Sexual offenders can greatly benefit by pleading guilty to violent behaviour instead of sexual charges that would save them from public registration, special discharge terms, and restricted parole conditions. A defendant who is found guilty of a serious felony in a jury trial on average receives a prison sentence twice of that offered in plea bargain for the same crime (Soni & McCann, 1996). The point of time in a trial when a defendant negotiates plea bargain is critical as it sign ificantly affects sentencing. The Runciman Report demonstrated how knowledgeable criminals use plea bargain to their advantage when they are certain of the verdict, which ensues in a cracked trial (Runciman, 1993). Criminal justice systems based on plea bargain subtly rob defendants of their constitutional rights simply on the excuse of lack of time or money to listen. In reality, plea bargaining creates unconstitutional conditions and exerts impermissible burden on a variety of chief constitutional liberties (Baker & Mezzetti, 2001). In consideration of this, Justice Powell contended (OHear, 2007): Plea bargain deprives the defendant of three fundamental rights protected by Fifth and Sixth Amendments, namely, the right of jury trial, self-incrimination, and confronting hostile witnesses. Weak cases are more likely to enter into plea bargains, as it is difficult to