Why do prosecutors bargin with murderers?

Question

I cant belive they actually cut deals with people who commit murder! This one case had this lady charged with murder #1, she plead to murder 2 and got 10-25. Thats a bullshit sentence for someone to commit premeditated murder. It scares me that not all murderers get life sentences

Answer 1

It is easier and less expensive to make a plea agreement with a criminal, to ensure a conviction, than to go to trial.

The criminal still goes to prison, and the prosecutor can brag about his/her "conviction record".

Police are sometimes as upset and disappointed at these agreements as the public is, but it seems to be "standard operating procedure" for prosecutors.

Answer 2

Well, they actually mostly deal with the defendant's attorney. A prosecutor has to consider:

The circumstances of the crime.

The local history of sentences juries hand out under those circumstances.

The likelihood of conviction, given the evidence in that case.

The rules on minimum sentences to serve and parole rules.

The available prosecution resources.

There are all sorts of killings. The norm is to charge the highest offense that the facts can possibly support. That means you may charge first-degree murder when you're pretty sure the highest conviction you can get is second-degree, and if you can plead it down, you save the prosecutor time and the court time to try the ones you can't agree on. At trial, the States risks getting even less, and the defendant risks getting even more. Defense attorneys also know the local trial history and have a pretty good idea of the probable outcome and the risks.  Often the difference is the ability to prove specific intent to kill or some special circumstance. There may be no question of who killed who, but there may be harder issues of what was going on and intent.

You might as well started getting over being scared or go find a place to hide. Most murder convictions don't result in life sentences. (And most people sentenced to life don't die in prison.)  

Answer 3

Prosecutors often make plea bargains because guaranteeing that a defendant will be convicted of a crime, even if it is a lesser offense, is often worth more than the uncertainties involved with a full trial.  It may be difficult for witnesses to testify at trial.  Witnesses may be unreliable.  The evidence against the defendant is primarily hearsay.  It only takes one juror to deadlock, then the whole thing would have to be repeated.  

So, in the interests of judicial economy - prosecuting an "unlimited" number of crimes with (very) limited resources- plea bargaining is often the best solution.  It guarantees a guilty plea/verdict, without the uncertainties involved with a trial.

If given the option, I am sure most (if not all) prosecutors would rather go to trial, with ironclad evidence and witness statements.  Unfortunately, such a scenario is the exception, rather than the rule, which makes plea bargains a necessity.

Answer 4

Prosecutors do not always have 'slam-dunk' cases.  Often times, key evidence is kept out of court because of technicalities (how the evidence was obtained, was the chain of custody broken, etc) or witnesses won't testify, etc.  This can all make a case hard to prove 'beyond a reasonable doubt.'  Prosecutors will also try to read the jury during a trial.  

If for any reason a prosecutor feels that he or she may not 'win' the case in court, they can offer the defenant a plea bargin.  If the defendant takes the plea, then said defendant goes to jail for sure, as opposed to them possibly being found not guilty.  

If you think you can do better, then take your passion for justice and go to law school and become a prosecutor.  We need more good prosecutors.  Just remember, there will come a day when you will contemplate a plea.....

Answer 5

There are a lot of considerations that go into a murder trail.

The strength of the case, sympathy from the jury, discrediting a key witness, having the case appealed, and many other factors can destroy a case in a hurry.

By accepting a plea bargain, they are guaranteeing the person will at least serve some time, which is better than an acquittal.

Finances could be considered too. It would cost several thousands of dollars to put on a murder trial. Some smaller counties could be financially strapped , especially if an appellate court sent the case back for another trial.

Answer 6

Because every time the city wants to raise taxes people say no. It is a lack of money for a trial. A trial could cost $5,000 a day, some times more. They plea bargin to save money on the budget. So next time a vote to raise taxes comes up vote yes so they can fry the people that rape and kill people. This is why. People don't like paying taxes but they want the things taxes pay for.

Answer 7

A charge of murder one doesn't mean the prosecutor believes he can actually win a convication of murder 1.  Plus trials are extremely expensive.  If a prosecutor has any doubt about a conviction for murder 1, he'd offer 2.  In his mind, he's got a guilty plea and saved the expense of a trial.  

EDIT:  Plus a defendant can appeal and appeal a trial conviction.....it's rare that they can appeal a guilty plea