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 selfincrimination), 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:
- Are plea bargains an effective way to “prosecute” the law?
- What are the benefits and drawbacks of plea bargaining?
- Consider the implications of plea bargaining for defendants, legal actors (i.e., defense
attorneys, prosecutors, and judges), victims, and society.