Week 6 Discussion Topic 1
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Kenyatta University *
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1302
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Law
Date
Nov 24, 2024
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doc
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Running Head: BARGAINING
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Bargaining
Name:
Institution:
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Bargaining
What is plea bargaining? Is there an ethical justification for plea bargaining? Which ethical
theory do you believe best supports plea bargaining? Why? Is there an ethical justification for
not having plea bargaining? Which ethical theory do you believe best supports not having plea
bargaining? Why?
Plea bargaining describes an agreement that a prosecutor enters with the defendant to
help them receive a less severe punishment than what they deserve. It is functionally a reduction
of the severity of the punishment that the constitution stipulates. There lacks an ethical
justification to plea bargaining because it works against the goals that the criminal justice
intrinsically seeks to achieve (Pollock, 2014). Important processes such as retribution,
incapacitation and ultimately rehabilitation cannot happen fairly when plea bargaining occurs.
The society is built to adhere to the constitution while the judiciary ensures that there is fairness
in justice whenever a person is prosecuted for a crime. Plea bargaining seems to strip the system
of this constitutional provision by negating the importance of deserved justice (Pollock, 2014).
Prosecution must result in fair judgment at all times for the constitution to hold and the society to
remain sane. For instance, the reduction of a jail sentence is tantamount to trivializing crimes.
The deontological ethical system argues on the foundation of inherent rights. According
to this system, plea bargaining is functionally ethical because it focuses on supporting the duties
of the prosecutor and the client’s rights. Prosecutors must ensure that their client receives a
lenient verdict (Stitt & Chaires, 1992). The outcome of plea bargaining are voided in this system
because it provides the definite description of a wrong and right. The theory, therefore, does not
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provide a justification for the inexistence of plea bargaining because it supports it under its
doctrine.
Conversely, the ethics of care theory supports the lack of plea bargaining based on its
tenets. The theory bases on the relationships that people create, responsibility and their reactions
to various life situations. The demonstration of ethics happens when the most important
relationship is preserved (Stitt & Chaires, 1992). The results of the plea bargaining should
benefit the client to fulfill this theory. If the client receives a lesser imprisonment period, then it
is ethical.
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References
Stitt, B. G., & Chaires, R. H. (1992). Plea bargaining: Ethical issues and emerging
perspectives.
Justice Professional, 7
(2), 69-91.
Pollock, J. M. (2014).
Ethical dilemmas and decisions in criminal justice
. Nelson Education.