Plea bargaining and jury selection are critical parts of the criminal justice system. Each plays an important role in each way of coming to a conviction of a defendant. This paper will discuss different aspects of plea bargaining and jury selection that will look into their implications, dynamics, and ability to maintain justice and fairness within the criminal justice system. Looking further into plea bargaining, it can be described as the negotiations between prosecutors and defendants that occur outside of the courtroom in order to resolve the criminal charges. Many criminal trials are resolved due to a plea bargain, because the defendant will either plead guilty to a partial amount of the derived allegations or will give further information …show more content…
They have to take into account things like the quality of the evidence, possible sentencing guidelines, and the chance of a favorable judgment. This realization emphasizes how crucial knowledgeable legal counsel is for negotiating the complexity of plea deals and making sure the rights of defendants are upheld. Additionally, the chapter included insightful information on the tactics used during jury selection, a crucial stage of the legal process. I gained knowledge about the several aspects that lawyers take into account when choosing jurors, such as personal convictions, prior events that might affect how they see the case, and demographic traits. While trying to confront jurors who could be biased or inclined to favor the other side, attorneys look for jurors who are unbiased, understanding, and sympathetic to their client's point of view. Through the Venezuelan law, lawyers can influence the jury's makeup and improve their chances of obtaining a good result for their clients. The chapter's discussion of unconscious prejudice in jury selection is one especially fascinating …show more content…
The chapter demonstrates the complex interaction of legal, strategic, and ethical factors inherent in these procedures through its in-depth analysis. Plea bargaining is emphasized as a ubiquitous process for case settlement, accounting for almost 95% of criminal cases. This underscores the importance of plea bargaining in managing caseloads and accelerating case resolution. But this prevalence also brings up moral questions about the pursuit of justice, fairness, and defendants' rights, so legal experts must give it serious thought. In addition, the chapter clarifies the power struggles that occur during plea talks, especially the prosecutors' ability to use their discretion to pressure guilty pleas. Prosecutorial pressure notwithstanding, competent legal counsel is still necessary to protect the rights of defendants and maintain openness throughout plea bargaining discussions. The chapter also explores the complexities of jury selection, highlighting the legal strategies used by counsel to sway the jury's makeup in a way that increases the probability that their clients will receive a positive
Plea-bargaining, used in ninety percent of criminal convictions in the United States criminal justice system today is the exchange of prosecutorial and legal concessions for pleas of guilty. Generally, a defendant in a criminal trial will enter “one of three pleas: guilty, not guilty, or nolo contendere.” Nolo contendere, otherwise known as no contest has the same effect as a guilty plea, which means the defendant is convicted and accepts punishment but does not admit guilt (lawyers.com). But in
Ethical Issues that Surround Plea Bargains Introduction When our founding fathers incorporated the sixth amendment into the Bill of Rights, never had they imagined that a large amount of defendants would surrender their right to a fair trial for a non-trial procedure based on promises of minimized punishment. Although the vital part of the criminal justice system is the charging process, the essence of the criminal justice system is plea bargaining. Consequently, plea bargaining has become the norm and
those who would abolish plea bargaining have been largely unsuccessful. In fact, some would argue that the battle against plea bargaining has been lost.” If you agree that the battle against plea bargaining has been lost, what steps would you take to ensure the fairness and constitutionality of plea bargaining practices in light of its inevitability, and if you disagree, then what steps would you take either to limit or eliminate plea bargaining? Introduction Plea bargaining has emerged very early
Plea Bargaining, Sentencing, and Prison Growth The United States of America’s judicial branch is one of three branches that make up the America’s core. This branch runs our Supreme Court and lower courts in America and without this branch our rights, freedoms, and civil liberties would never exist. America’s courts do more than just protect our rights; the courts also protects the United States citizens from criminals by putting them in jail/prison. There are some instances where jail or prison sentences
criminal case between a prosecutor and its defendant, before reaching a trial is a plea bargain. The prosecutor offers an opportunity to the defendant to plead guilty. By agreeing to plead guilty to a crime the defendant would in exchange get a prosecutor’s promise to convince the judge to reduce the sentence. It is really impossible to predict what a jury is going to decide in a trial. I personally think that plea bargaining is being used as an easy way out; instead of having the person who committed
Crime Philosophy Paper Collin Davis CRJ 451 Professor Griffin May 2014 Crime Philosophy Crime control, consisting of many elements of prevention and punishment, is a widely debated and often contentious topic. Myriad agendas occur in government and society, depending upon the kind of organizational or philosophical objective trying to be met. Political differences are present within the criminal justice system that draw upon certain models, techniques, and methods associated with crime
Family Source Analysis The research conducted in the paper “Robust Action and the Rise of the Medici, 1400-1434” by John F. Padgett and Christopher K. Ansell states that during the Renaissance, the Medici family had a positive impact on the citizens of Florence. Validity: Author and Editors: John F. Padgett (Santa-Fe), PhD (UNC-Chapel Hill) John F. Padgett (Ph.D., Michigan, 1978) is a Professor of Political Science at the University of Chicago. Currently he conducts research in the related areas of
This research paper will be used to acknowledge the trending factor in our criminal justice system of wrongful convictions. Wrongful convictions socially can be defined as convicting the innocent and punishing the not guilty. In other words, wrongful convictions play a huge part of our flawed Criminal Justice system. In order to fix and come up with a solution, we will have to first come to basis of first understanding the issue, then using this information to gain ideas to which we can apply to
Limitations The main limitation of the social Identity theory is that it states that group memberships is one of the main contributors of creating social identity (Stets & Burke, 2000), so the lack of a group membership is one of the causal factors for crime (Brown, 2000). This is not always the case as groups exist where they internally promote negative values such as gangs (Cartwright, 2011) so the problem here is that the lack of belonging to a social group, or a community may not necessarily
cause long- term effects (Tynes, 2006). The ASCA made it illegal to take an unapproved substance while playing a professional sport. This research paper will examine professional athletes who participated in the major leagues and Olympic Games who used steroids to defraud the Major Leagues Business and Olympic Associations to gain fame and fortune. The paper will examine the BALCO scandal (CNN.com, 2014), where many professional athletes admitted to taking steroids to improve physical sports performance
Over the years different research has been demonstrated that Females Juvenile Risk Assessment represents an important part of our judiciary system. Our system has failed to significantly test female’s juveniles, in the proper way with an assessment that is to test specifically for them. This test should have an accurate form that can help with guidance to these juvenile offenders who are at high risk for recidivism. Another factor that is not being looked at is the cultural and ethical cause diverse
dispute resolution process; to facilitate access to justice; and to provide more effective dispute resolution. The concept of ADR is extremely broad. Defini... ... middle of paper ... ...72–73 (1997). Roselle L. Wissler, The Effects of Mandatory Mediation: Empirical Research on the Experience of Small Claims and Common Pleas Court, 33 WILLAMETTE L. REV. 565, 565 (1997) . Spangler, Brad. “Alternative Dispute Resolution (ADR). “Beyond Intractability. Eds. Guy Burgees and Heidi Burgees. Conflict Information
Research Paper The Makeup of a Child Killer We as parents always have hopes and dreams that our children will grow up to be doctors, lawyers or someone successful and a law abiding citizen. Not until life throws a curve ball and we get that dreaded call that your child has been involved in something so unimaginable you never thought he or she was capable of and that crime is murder. We as parents always want to believe that our children are not capable of doing such a deed, but often timer we tend
America, they are 35 % of the people arrested for drug possession and 55 % of the people convicted for drug possession. According to Small (2001) African American men are sent to prison for drug offenses at rate 20%-57% times great... ... middle of paper ... ... Criminal Justice: How Much Is Too Much? Journal of Criminal Law & Criminology, 100(3), 903-932. Engel, R.S., & Calnon, J. M. (2004). Examining The Influence Of Drivers' Characteristics During Traffic Stops With Police: Results From A National