PLEA-BARGAINING IS AN INTEGRAL PART OF JUDICIAL EFFICIENCY

When tragedy occurs that results in criminal charges, there is an expectation that justice will be done and offenders will be punished. But the reality of American justice isn't so clean and foolproof.

The hazing death earlier this year of a Southeast Missouri State University student is a case in point. Several fraternity brothers of a St. Louis student who died during a hazing ritual were charged. Now at least two of them are likely to get deals from the prosecutor. This is known as plea bargaining, and it is as much a part of the criminal justice system as judges and lawyers.

American courts operate on a system of safeguards designed to protect the rights of everyone involved, including those who are accused of crimes. In recent years, decisions favoring suspects have raised many eyebrows, because the law appears to lean over backward in favor of the alleged criminals while ignoring the loss and pain of the victims.

Whenever plea bargains are struck, many observers who aren't a part of the legal system wonder what is going on.

What is going on is a system that places a higher priority on resolution of the criminal caseload than on meting out eye-for-and-eye justice.

The U.S. legal system looks for ways to arrive at some action on a criminal case. When compared to the cost and burden of constructing a case for trial, lining up witnesses and collecting evidence that will convince a jury beyond a reasonable doubt, most prosecutors find it more effective to reach an agreement with the accused that put the case to rest.

While this isn't a perfect system, it is one recognized as inevitable by judges and lawyers. The ones who are often outraged are those who watch criminal cases with interest, particularly if the crime involves a family member, a neighbor or a friend.

U.S. justice has come a long way from the system still followed in some Arab countries, where hands are chopped off -- or worse -- for various crimes. But there is something in everyone that cries out for real punishment when anyone is convicted. And that is the rub. It isn't always easy to convict. The highly publicized O.J. Simpson case is an example. It is often in the best interest of society to strike a deal and move on.

The hazing death at the university has created a sense of community outrage that can't help but be fueled by a plea bargain in the case. The biggest hurt is felt by the family and friends of the dead student.

There comes a time, however, when the prosecutor and the attorneys for those charges must take a realistic look at the situation and decide what is best. It isn't always a question of expediency. Very often the likelihood of a conviction must be weighed against the reasonableness of a bargain. And don't forget that all plea bargains must be approved by a judge.

Those who find plea bargains unsavory must decide for themselves if that is the kind of justice they want. Voters still have a say about who administers justice in Missouri. Judges are subject to retention elections, and prosecutors must win a voters' mandate in order to hold the position.

For the most part, the legal system works. Plea bargains are a necessary part of the system.