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timer Asked: May 8th, 2018
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  • Should plea-bargaining be banned? Why or why not? Be specific. If not, what alternatives might be implemented? There is no “right answer” to this question. Please be clear with your position and make sure to fully reason the “whys.” (at least 2 paragraphs) (10 points)


    Galin Frye was charged with multiple counts of driving with a revoked license. During discovery, prosecutors offered to reduce the severity of Galin’s charges if he pled guilty and served a 90-day jail sentence. This offer was never communicated to Galin and, as a result, he pled guilty in open court and was sentenced to three years in prison. He argued on appeal (before the U.S. Supreme Court) that part of any defense is the conduct of plea negotiations and his lawyer’s failure to tell him of the prosecutor’s plea offer denied him the effective assistance of counsel guaranteed by the U.S. Constitution. As it turns out, The Court agreed! You can read (and hear) the Court’s opinion here:

    This article ran in a recent issue of The New Yorker. The article’s author, Adam Gopnik, is a longtime American writer and essayist who has been openly critical of the criminal justice system in the United States since the mid-1990s. In this piece, he discusses misconceptions with the ‘system’ and how these misconceptions lead to initiatives for reform that are not successful (and costly). He also discusses prosecutorial misconduct/over-reach and its impact on incarceration numbers.

    Please summarize one ‘misunderstanding’ identified by Adam. Discuss Adam’s position on this ‘misunderstanding’ and how he identifies it as a contributing factor to the overall issues in the criminal justice system. Likewise, take a position on the ‘misunderstanding’ using your own credible outside research. (at least 3 paragraphs) (20 points)

Please discuss whether the Court decided this case correctly. Why or why not? Be specific. (at least 2 paragraphs) (20 points)


Please comply with APA formatting/citation guidelines. No ‘abstracts’ are required. Please do not write in the first-person narrative (I, we, our…) You may use sub-sections.

Tutor Answer

School: New York University




Criminal Justice
Student’s Name
Institutional Affiliation



Plea-bargaining should be banned because it undermines the original justice system and
tyrannizes the prosecutors. The sixth amendment postulates that the accused needs to undergo a
quick trial publicly proceeded by the state and district jury of the geographical the crime is
committed. The accused shall be fully informed of the source of the accusation, be challenged by
witnesses, use witnesses in his/her favor and defend themselves before the court. As such, the legal
system was designed to comprise of a trial process. Plea-bargaining omits the trial process and
denies justice for the accused. No one is innocent until proven guilty (Tsur, 2017). In plea
bargaining, the prosecutor advises the defendant to plead guilty to a charge that attracts a lesser
punishment or lead to the dropping of the case.
Plea bargaining denies the judges to exercise their power. In plea bargaining, prosecutors
create a one-sided relationship in which they pressure the defendants to plead guilty regardless of
the underlying matter. They meet with the defendants in secrecy to dictate the negotiations and if
the defendant fails to plead guilty to the charges, the prosecutor charges them with a more harsh
punishment. This action compromises the duty of a judge and leads to wrongful sentencing and in
some cases, judges pull out from the case (Bibas, 2015). A judge may be criticized for his/ her
decision and ev...

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