After examining the advantages and disadvantages of plea bargaining it should be abolished. This is because innocent people will often take the plea bargaining, admitting guilt even if they are innocent, simply to make sure they don’t receive a serious punishment. Also, defendants are frequently persuaded or pressured into taking a plea bargaining in exchange for a reward or because it’s easier for everyone involved. Another reason why it should be abolished is that it destroys the integrity of the court system, as well as the justice system. An alternative to plea bargaining that should be tried is to allow victims in a case to have input into the bargaining process. This is because half of the time the victims feel that the offender should be punished with the full extent of the law. Another alternative is to have diversion programs, which remove minor criminal acts from plea bargaining procedures. This is an alternative because the defendants agree to probation and once they are rehabilitated the matter is expunged from the record. This will relieve the courts and victims because the offender will be making amends to the crime they did instead of just getting a lesser sentence.
In chapter 19 the big issue is caseloads, especially in state
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There are fourteen medium prisons for men and two for women. They also have eleven maximum prisons for men and one supermax for men, but none for women. Their philosophy is to improve the public’s safety by effectively reintegrating released prisoners back into society. Their sentencing focuses more of rehabilitating the offender. Under the control of the DOC, they offer work programs such as highway maintenance, institutional jobs or public service work. They also have health services and educational programs such as residential treatment programs, dental services, medicine, life skill programs, re-entry programs, and pen
Plea bargains are one of the most controversial debates that are discussed over the criminal justice court system. A plea bargain is when a defendant agrees to plead guilty to a crime and in exchange for something, for example a lesser sentence. There are three types of plea bargains. Charge bargaining is when a defendant pleads guilty to a less serious charge than the original charge. Count bargaining is when the defendant pleads guilty for some of the charge, but not all. Sentence bargaining is when the defendants get a lesser sentence than the maximum penalty. Through the course of this semester it has been brought to our attention, multiple times, about the problems plea bargaining has caused. Many defendants are pressured by those who surround them in
Plea bargaining precludes justice from being achieved, where the consent to less severe sentences are given in favour of time and money. The case of R v Rogerson and McNamara, demonstrates the advantages of hiring highly trained legal personnel, which inevitably contributed to their lesser sentence. Thus, making it more difficult for offenders to be convicted.
People expect a penitentiary to hold inmates, especially dangerous ones, for as long as the court determines they should serve. Kingston Penitentiary has been doing that for many years. But it has also dedicated to the reform of inmates. What that means has changed dramatically over time. (Curtis et al, 1985)
Criticism of plea bargaining mainly stems from two aspects. First, on the defendant’s aspect, a plea bargain can coerce
An agreement made in a 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 the crime pay for what they did by serving the whole time. By managing a plea bargain the terms can sometimes be used to include pondering on how it works and who it can help.
A plea bargain is a discussion between defense counsel and prosecution in which the accused agrees to plead guilty in exchange for certain considerations, such as reduced charges or a lenient sentence (Siegel, 2017, p. 670). To understand why plea bargaining is used so often, you must look at the pros and cons. In deciding if a plea bargain is the best option, then the pros must outweigh the cons and must favor the interests of the state. Some of the pros that stood out were the overall reduction of cost of the criminal prosecution and resources and prosecution being devoted to more serious cases. If the prosecution can push a plea bargain, then they can move on to a more serious case and get more money for their time and services. Plea bargains allow dangerous offenders to receive lenient sentences. Jesse Timmendequas, a previously convicted sex offender, was given a 10-year plea-bargained sentence for child rape. Upon his release, he raped and killed 7-year-old Megan Kanka in one of the nation’s most notorious crimes (Siegel, 2017, p. 392). In other cases, innocent people might plead guilty if they believe that the system is biased and that they have
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,
One could wonder why plea bargains are even made. One reason would be that criminal courts are becoming clogged and overcrowded. Going through the proper procedure and processes that we are granted takes time. Trials can take anywhere from days to...
The death penalty is way more expensive, time consuming with little success, and puts innocent people at stake. Life without parole gives fast, harsh, and specific punishment. It supplies lawfulness to survivors of murder victims. Sentencing dangerous offenders to life without parole is the most reasonable alternative for general security and any victim’s families. For offenders who do not pose a threat to the general public should be placed on probation or parole to help save money that can be used for more useful things within the state.
The U.S is only 5% of the world’s population and houses a quarter of its prison inmates; well over 2 million people. In the past decade the war on drugs has filled many state and federal prisons with a numerous amount of inmates. Building new prisons is not the answer to tackling the prison overcrowding dilemma. The U.S doesn’t have the money due to economic strains, and it will not solve this issue head on as needed. “California may be forced to release up to 33,000 prisoners by 2013” (Shapiro & Wizner, 2011, p.1.). Some women and men do not belong in prison, and should be given other opportunities to sought help. Prison overcrowding is a growing concern in the U.S today. There are many different alternatives to end prison overcrowding versus releasing them into the community. For example by launching a parole support group or treatment or rehabilitation programs for inmates as well as ex-offenders, house arrest or probation are other routes to explore.
A negotiation, a contract, and many more ways used to describe the Criminal Justice System’s notion of plea bargaining. Plea bargaining has been around for a long time, but it is not until recent times that the use of a plea bargain has become a common practice. Defendants are given the chance to plead guilty for a lesser sentence and thus waive their right to trial. However, certain concerns relating to the actual guilt of defendants and the professionalism of the attorneys assigned to a case arise from an ethical stand point. Solutions offered to improve the practice of plea bargaining are often in two extremes. In one extreme, some argue for abolishment. In the other extreme, some state that plea bargaining simply needs to be reformed.
I. Alternatives to incarceration give courts more options. For example, it’s ridiculous that the majority of the growth in our prison populations in this country is due to slamming people in jail just because they were caught using drugs. So much of the crime on the streets of our country is drug-related--crime that would largely disappear if the massive profits brought on by drug criminalization were eliminated. You can reduce drug usage more efficiently, and at a lower cost, through treatment than through law enforcement.
In conclusion, plea bargains are here to stay but they are diminishing our criminal justice system. Although there are many positive factors, the negative factors are over powering the positive. Our criminal justice system needs to realize that they are making more work by giving out plea bargains. With the only goals being incapacitation and rehabilitation, recidivism is going to continue to increase instead of decrease. With the increase of crimes comes more of the repeating circle of plea bargains.
When it comes to the accuracy of emotions, Naz failed in controlling his emotions while making the plea deal decision. Even though his decision of rejecting the plea deal turned out to be the right choice, he did not follow the factors of making an effective decision. Furthermore, Naz’s accurate intuition was shown in his belief that he did not commit the murder, which turned out to be right. Before rejecting the plea deal, Naz agreed to all the crimes he committed including the murder by answering “yes” to all the D.A.’s questions. However, when he was asked to admit to the murder crime using his own words, he could not do it. He paused for a minute, then said that he did not kill her. Even though Naz did not remember parts of what happened that night, and he had no evidence at the decision time, he had an accurate intuition that he was incapable of committing manslaughter. Despite the fact the Naz was an honored student, he was not familiar with the court process. He showed in the earliest episode that he did not know his right of an attorney. This was a new horrible experience for Naz. In fact, Naz used his previous experience when his lawyer Crowe told him to take the deal, in dealing with his previous lawyer, Stone who came just before the hearing to advise Naz to take the deal. He quietly acknowledged that both lawyers are behaving in the same way. They both assumed
Firstly, in order to gain a better understanding of the problems that plague or correctional system we must fully understand the enormous overcrowding problem that exist in the majority of or state and federal prisons. Since 1980 the prison population has quadrupled and only the numb...