Inherent in the resolution. (Come up with your own explanation.)
Criterion: Due Process
Since the resolution concerns a formal legal procedure "in the United States," we must consider justice in an American legal framework. "Due process" is the right guaranteed under the 14th amendment to the Constitution, and is the way we best ensure justice has been done. It isn't perfect, but no human system can be. Due process is approaches closest to the asymptote of justice. (If you use that, you'd better quote me.)
C1. Plea bargaining is its own form of due process.
In "Trial by Plea Bargain: Case Settlement as a Product of Recursive Decisionmaking," in Law & Society Review, Vol. 30, No. 2. (1996), Debra Emmelman writes,
Viewed as a component of recursive decisionmaking, pleaC2. Plea bargaining restores balance to a process that presumes innocence.
bargaining can be seen as including multiple episodes of negotiating behavior as well as a wide range of litigation proceedings. Perhaps most important, plea bargaining and trial can actually be seen to converge: not only are plea bargain negotiations "rehearsals of scenes that participants would be willing to portray before a jury" (Maynard 1984b:114), but pretrial and trial proceedings are oftentimes precursors for case settlement.
It is important to note here McConville's (1986) contention that trials do not guarantee that truth (or perhaps justice) will prevail. Insofar as adversarial procedures do not guarantee that the guilty will be convicted or the innocent set free, and because our judicial system holds that defendants should be given the benefit of doubt (i.e., presumed innocent until proven guilty), it seems this type of plea bargaining system can ensure justice as much or more than trials.C3. Specifically, plea bargaining in exchange for testimony further expedites due process.
Not only does one defendant admit culpability and face sentencing, but promises to provide testimony to convict another, permitting either the facilitation of a trial or further incentive for the second defendant to enter a guilty plea.
This is a "trial balloon." Your comments and criticism are welcomed.
Update: In order to halt the spread of misinformation, I deleted a couple of my comments that repeated an incorrect statistic. It screws up the comment thread, but you can still get the gist.