Beyond the Bargain: Interrogating the Complexities and Consequences of Plea Negotiations

• In Event: Carceral Studies

Abstract

This paper critically examines the role of plea bargaining within the criminal justice system, focusing on its function in maintaining social order and reinforcing the authority of the carceral state. Plea bargaining, a negotiation process between the prosecution and the defense wherein defendants plead guilty in exchange for leniency, has become a prevalent feature of modern criminal proceedings. Understanding plea bargaining necessitates an exploration of its historical context, processes, and stakeholders involved. Plea bargaining's influence on social order is analyzed through its coercive tactics, differential impact on marginalized communities, and perpetuation of inequality and social stratification. Furthermore, plea bargaining contributes to the reinforcement of carceral state authority by fueling the expansion of the prison-industrial complex, eroding legal rights and due process, and contributing to mass incarceration. Through this critique, the paper underscores the ethical concerns and systemic injustices embedded within plea bargaining, calling for reforms to address the inequities perpetuated by its pervasive use in the criminal justice system.

Author

• Sarah Noel Gatton, Old Dominion University