Pre-Trial Procedure W5 DQ1

Pre-Trial Procedure W5 DQ1
Student’s Name
Institutional Affiliation
Pre-Trial Procedure W5 DQ1
When it comes to legal cases, pretrial procedures play a crucial role as it does not only determine the course of the case but this is the stage where the case can be won or lost. The accused is the determinant in this stage as he/she can decide to go to trial or avoid. One of the ways a criminal defendant can choose to avoid going to trial is by pleading guilty. Pleading guilty renders the court powerless hence it cannot ask the accused to go through the trial process (Newman, 2008). The plea bargain is another way a defendant can choose to avoid going to trial. Like the first method, the defendant in pleading bargaining pleads guilty after an agreement with the prosecutor so that charges can be reduced or given a sentence that a bit favorable.
While it is the work of the defendant to decide whether to plead guilty or proceed to trial, his/her lawyer can play a role by providing information regarding the disadvantages and advantages of both mechanisms. Despite that, the lawyer has no power to make decisions for the defendant. The lawyer must ensure that his/her client knows the consequences of the choices made. Pleading guilty or choosing any of the ways that prevent one from going through the trial is not a good thing for the criminal court. This is because it exempts individuals facing the consequences of their actions making them unequal to others before the law. In addition to that, the jury will lack an opportunity to determine the grievousness and veracity of the crime when individuals escape the trial process (Newman, 2008).

This does not only affect the court system, but it sends a wrong signal to the society about the legal systems.

Reference
Newman, D. J. (2008). Pleading guilty for considerations: A study of bargain justice. The Journal of Criminal Law, Criminology, and Police Science, 46(6), 780-790.