Sixth Amendment

This paper provides a thorough research about the practice of plea bargaining and its impact on the criminal justice system. The paper further explores both the arguments against and for the plea bargaining; that is, weighing both the advantages and disadvantages of this practice to reach a conclusion of whether or not plea bargaining is in the best interest of the criminal justice system and society. After exploring and shedding light on both arguments –the pros and cons - we can raise the question of whether or not the plea bargaining should be abolished. Furthermore, the paper it examines several research studies that focus on the hypothetical relationship between plea bargaining and its ban or abolition. In addition, it sheds light on the direct and indirect effects of this practice on the criminal justice system especially the prosecutor, defense attorney, and court procedures such as trials, caseloads, and sentencing.

Thomas de Quincey (1785-1859), en su magistral Del asesinato considerado como una de las bellas artes, aconseja, además de que el sujeto elegido para ser asesinado goce de buena salud, por lo que respecta al momento, al lugar y los instrumentos a emplear en el crimen, que «El sentido común del ejecutante suele orientarlo hacia la noche y la discreción. Sin embargo, no faltan ejemplos en que se ha violado esta norma con resultados muy felices.» En cualquier caso, y aún con los sagaces consejos de Quincey y como también nos enseñara Hitchcock (Dial M for Murder, 1954), el crimen perfecto no existe. Cuestión distinta son aquellos que no se investigaron suficientemente, los que no

Much of the legal assault upon capital punishment that led to Furman v. Georgia pointed to the infrequent imposition of the death penalty in general.  It also pointed to the death penalty’s disproportionate application to racial minorities and the poor.  The opposition movement’s major thrust was that the capital punishment system was capricious.  They urged that remedial responses should include a narrowing of jury discretion in sentencing.

There has been much debate over the range of discretion allowed a Texas jury in the penalty phase of a capital case.  This give and take has proved to be less an exercise in implementing Furman than a struggle between prosecutors and defense counsel for trial advantage.  In this competition, prosecutors have been more effective.  Therefore, the large difficulty is the quality of representation at trial.  The trial of a capital case requires more than a skill set adequate to many other criminal cases.  It requires a command of procedure and substance unique to capital cases.

In Texas, the most active state in the carrying out of death sentences, we have often failed to live up to our ideal of justice.  The failure of lawyers, judges, prosecutors, and defense counsel to perform as professionals is now well-documented.  While this is a sad story, there is some good news.  Progress is being made in training trial counsel and judges, and law-related member organizations are working hard to regain their footing.  Much remains to be done, but the good news is that the shortcomings are documented and their treatment is underway.