Plea Bargaining and the Law Discussion A trial by jury is included in 3 of the first 10 Amendments to the Constitution. Constitutional rights (e.g., 6th amendment right to a fair trial by jury and 5th amendment right against self- incrimination), adversarial system and procedural safeguards (e.g., burden of proof, cross-exam, presentation of evidence), guide and protect defendants’ rights during the trial process. There is no mention of plea bargaining in the Constitution; rather, plea bargaining developed out of custom, and has been upheld by the Supreme Court. Consider the following in your original post:

1. Are plea bargains an effective way to “prosecute” the law? 2. What are the benefits and drawbacks of plea bargaining? 3. Consider the implications of plea bargaining for defendants, legal actors (i.e., defense

attorneys, prosecutors, and judges), victims, and society. After you post your original post, respond to at least 1 of your classmates’ posts. Possible topics to discuss:

• Where did you and your classmate differ in your opinions? • What did you learn from your classmates’ post?

In addition, please be sure to follow up with any questions or comments posted on your original post! To get the full points:

• Answer the full discussion prompt (4-6 sentences minimum) • Post your original response and respond to at least 1 of your classmates’ posts by the

appropriate deadline • Use proper sentence structure, grammar, etc.

As with all discussions, please keep your comments civil. Disparaging comments or personal attacks will automatically be deleted and their writers will be given zeros for this discussion.