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Plea bargaining assignment
The use of plea bargaining in our criminal justice system
Position paper on plea bargaining
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Bohm & Hanley (2011, pg. 309) openly classify three basic types of plea bargains. The first type of plea bargain is that defendants may be allowed to plead guilty to a lesser offense. Additionally, the second plea bargain allows, at the request of a prosecutor, a defendant that pleads guilty may receive a lighter sentence than what the crime originally called for. While, the third plea bargain allows defendants that plead guilty to one charge, get other charges that maybe brought later dropped as promise by the prosecutor. Indubitably, there are many factors prosecutors consider when deciding whether to offer a plea bargain and which of the three will be most beneficial. Bohm & Hanley (2011), states the three most notable factors are the seriousness
The due process model points out the human error factor in evidence gathering and places emphasis on the adversarial trial process by which the prosecution has to prove the accused party is guilty (Aviram, 2011). This due process model is seen in many popular culture television shows in America today like Law & Order and CSI, however it is not an accurate representation of the criminal justice system as a whole. Bargaining, or making a plea deal with the prosecution is a trait emphasized in the crime control model but it is also common practice in the American criminal justice system (Aviram, 2011). While the due process model has several positive aspects it seems to work too well in the United States; as of 2008 the U.S. had 2.3 million people incarcerated which indicates the due process model is working as described but it is also unprepared to account for the social consequences of the existing prison system that is perpetuated by guilty verdicts ("Criminal Justice Fact Sheet", 2016). The due process model, although slower, gives more rights to the defendant and ensures the legal system works toward a resolution in the fairest way possible. Unlike the crime control model, due process works and works without infringing upon the constitution rights of the
A plea bargain is compliance between a prosecutor and defendant in which the accused offender agrees to plead guilty in return for some compromise from the prosecutor. The New Jim Crow, explains how most Americans have no clue on how common it is for people to be prosecuted without proper legal representation and are sentenced to jail when innocent out of fear. Tens of thousands of poor people go to jail every year without ever talking to a lawyer that could possibly help them. Over four decades ago, the American Supreme Court ruled that low-income people who are accused of serious crimes are entitled to council, but thousands of people are processed through America’s courts annually with a low resource lawyer, or no lawyer at all. Sometimes
Plea bargaining describes a deal between the prosecutor and the defense attorney, who represents the defendant, that they negotiate a deal for either a lesser conviction or a lesser se...
pleas may be choose for the punishment likely to be associated with them rather than for their accuracy in describing the criminal offense in which the defendant was involved. For instance, a charge of indecent liberties, for example, in which the defendant is accused of sexual
Plea bargaining is an agreement between the Crown and the defendant in a criminal case. The Crown gives the accused an opportunity to plead guilty to a lesser charge for a lighter sentence or; to the same charge with a lighter sentence than the maximum sentence the Crown would have sought in a trial setting. There are numerous reasons why an accused would accept a plea bargain and why the Crown would offer one. One of the
A plea bargain is determined good for someone based only on their facts and conditions of their case. A disadvantage of plea bargaining is actually admitting the guilt (Understanding). Plea bargains appear to only benefit the criminal because they ultimately receive a lesser punishment. A plea bargain might seem good now but it could have permanent impact on your life. An innocent person would most likely not want to plead guilty but could feel the pressure from lawyers to enter a plea just to avoid a lengthy and costly trial. Even if the innocent person accepts a plea with no jail time, they will still have the conviction on their record. I believe all cases should go to jury trail regardless of the time and cost because in all fairness it is the nest shot at finding the true criminal and issuing the appropriate punishment. Shamim Ebrahimi’s advice regarding plea bargains is, “Focus on the big picture, and make sure you are aware of your options and possible collateral consequences because, remember, plea bargains almost always require a defendant to plead guilty on the record, and more often than not that record will follow you around for the rest of your life”
Plea bargaining saves the court a lot of time by a case not going to trial. If the case doesn’t go to trial it also saves the criminal justice system a lot of money (CJ Interactive Multi-Media, 2014). This allows for the local, state, or Federal government to save on resources they would need to use if every case went to trial. It also saves on how much resources needs to go into the criminal justice system (CJ Interactive Multi-Media, 2014). The courts are all ready over loaded with cases and many have become extremely backlogged. By people plea bargaining it helps resolve the case faster and helps bring down the number of back logged cases in court. A plea bargain also saves on all parties having to go through a trial (CJ Interactive Multi-Media, 2014). Some trials can take up to several months and the outcome of the trial is very unpredictable. Plea barging can also help law enforcement get information they can use about other criminal activities (CJ Interactive Multi-Media,
punished for their crimes at all. It is as simple as that. Granted, a plea
Therefore, under these ethical standards, prosecutors cannot file charges if there is not enough evidence to support a conviction, they also do not file if it is not in the public interest to do so. This is what makes the possibilities limitless; however, three key factors also play a part in determining which cases to prosecute. If prosecutors follow these three factors in determining cases then the contradiction of limitless discretion and high ethical standards should be remedied for others. These are factors that should be followed are as followed: the seriousness and nature of the offense, the offender’s culpability, and the likelihood of being able to obtain a conviction at a trial. “Ethical conduct, then, must be the core of the prosecutor’s role in the criminal justice system” (Hemmens, Brody, & Spohn, 2013). Therefore, even though prosecutors have almost limitless discretion in their decisions, they still must
If given this prompt at the beginning of this semester I would have answered with a resounding yes, the criminal justice system is racist. The classes I have previously taken at LSU forced me to view the criminal justice system as a failed institution and Eric Holder’s interview in VICE - Fixing The System solidified that ideology. The system is man-made, created by people in power, and imposed on society, so of course there will be implicit biases. The issue is that these internally held implicit biases shaped the system, leading the racial and class disparities. VICE – Fixing The System addressed heavily the outcomes that we see in today’s society based on these implicit biases. Additionally, this documentary focuses on the ways that mainly
...caseloads, and more often than most realize they may plea-bargain a case that in fact should be prosecuted. I have no intentions of trying to judge their actions, simply because I truly appreciate the position they are in.”
If any attorney knows one court is likely to rule unfavorably for their clients, In urban areas the overload of cases result in plea bargaining. Defendants plea guilt for crime of lesser punishment
This is especially true in misdemeanor cases, where many defendants plead guilty. Civil commitment standards and the practice of deinstitutionalization have funneled many people who previously would have been civil patients into criminal courts. As a result, many defendants now evaluated for competency are charged with only minor misdemeanors (Winick 1995). Defendants arrested petty offenses, such as disorderly conduct or shoplifting, can usually plead guilty which usually results in a small fine. However, those defendants are found incompetent to stand trial, they could face months of incarceration in a jail or in a maximum security mental hospital. If the defendant is restored to competency and returned to court, they probably will accept the same plea bargain. The degree of competency required of the defendant should be relatively modest when making a guilty plea imposes minimal consequences on the defendant. When consequences could be more substantial, like a felony conviction carrying a lengthy prison sentence, the degree of competency required to plead guilty should be higher. In cases which defendants seek to plead guilty to a capital offense, subjecting themselves to a possible death sentence, should necessitate an extremely high degree of competency and
Thus, the judge may know little more about the case than the facts necessary to support a guilty plea. When decision makers are faced with incomplete information and the predictions they are required to make are uncertain, defendant characteristics, such as the race of the offender is used to determine how dangerous they will be when out roaming in the streets. This may skew their decision and give partial sentencing verdicts.
...ct that in less serious crimes the defendant will plead guilty in order to receive a better deal.