What is plea bargaining? Plea bargaining is the pre-trial negotiation, which takes place in a criminal procedure. During this procedure the defendant and has his attorney sits on one side, and the prosecutor is on the other. The defendant either agrees to plead "guilty" or "no contest" to a crime. Another element for plea bargaining would also be because the defendant reveals information such as location of stolen goods, names of others participating in the crime or admission of other crime(s), such as a string of burglaries. In return a reduction in charges, or dismissal of some charges, this has to be approved by the judge, before accepting can take place. If the judge does not agree, then the plea bargain is cancelled.
In the book Law for Dummies, it has been stated that at least 90 percent of all criminal cases never go to trial (p298). There are several different reasons for a plea bargain. One of the first reasons why the prosecutor would want to propose a plea bargain would be because of the high volume of cases facing the United States judicial system. Without plea bargaining the courts would become backlogged, thus causing the state to also spend more money.
Some reasons for a plea bargain may be to avoid the uncertainty of a jury trial. With a plea bargain the defendant is given the certainty of receiving a lesser charge or the uncertainty of a jury trial in which the defendant may be found not guilty or found guilty of a more serious charge.
In another case, the defendant may have culpability with others in a criminal matter, and at the same time have knowledge which will ensure the success of a broader or more significant prosecution
(Fastload). In cases such as this, this prosecution tries to secure the de...
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... going free, it suggests to me that it may not be in your best interest to accept a plea bargain. I say if you know you're innocent, then it's worth risking everything you have to fight your case, thus you will not lose your freedom, and also exonerated from of those charges.
Bibliography
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< http://talkleft.com/new_archives/001130.html> December 13, 2002.
3. Plea Bargain. Home page. 21 Century.
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4 Silberblatt, Steven.
http://www.familyrightsassociation.com/bin/The_Problem_with_Plea
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5. Tucker C. John. Trial and Error. Carroll and Graf. Ed. New York, 2003.
6. John Ventura. Crime and Punishment: Law for Dummies. John Wiley & Sons
Inc. 2nd ed. 2000.
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.
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
There are certain standards that the courts use to determine competency. In order to find the accused competent, a court should find out by a preponderance of evidence that the defendant has remarkable ability to consult with his lawyer with a reasonable degree of rational indulgence. The def...
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
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 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
One contradiction in the job of the prosecutor is that they have nearly limitless direction in critical matters; however, prosecutors’ are also held to a very high ethical standard. Prosecutors must screen cases to determine which ones need to be prosecuted; nevertheless, this is the source of controversy with most people. “What makes charging decisions more intriguing and controversial is the fact that in making this decision, the prosecutor has nearly limitless discretion” (Hemmens, Brody, & Spohn, 2013). This means the prosecutor’s charging decisions are beyond any judicial review, so it must be apparent that a prosecutor
A plea bargain can be defined as, “a negotiation between the defendant and his attorney on one side and the prosecutor on the other, in which the defendant agrees to plead “guilty” or “no contest” to some crimes, in return for reduction of the severity of the charges, dismissal of some of the charges, the prosecutor’s willingness to recommend a particular sentence or some other benefit to the defendant. Sometimes one element of the bargain is that the defendant reveal information such as location of stolen goods, names of others participating in the crime or admission of other crimes. The judge must agree to the result of the plea bargain before accepting the plea. If he does not, then the bargain is cancelled.”
For decades, we have been made to believe that criminals are people who have done harm to our society, violating the laws of the land, and don 't deserve a second chance. They should be locked away, and the keys should throw away. Unfortunately, today, our world is full of crimes and our system is getting overcrowded with criminals. However, with recent laws like the plea bargain proofs that there is hope and a way out to every situation. A plea bargain can be defined as negotiations during a criminal trial between the prosecutor and the defendant which result in a more lenient sentence than would have been recommended with the original charge (Farlex). Some would say that the use, or abuse, of the plea bargain, allows criminals
"Know the Cases." Innocence Project. Benjamin N. Cardozo School of Law, n.d. Web. 1 Mar 2011. .
Vitacco, Michael J., Rebecca Vauter, Steven K. Erikson, and Laurie Ragatz. "Law and Human Behavior: Evaluating Conditional Release In Not Guilty by Reason of Insanity Acquittees: A Perspective Follow-Up in Virgina." Law and Human Behavior (2013): 1-11. Web
Across the world, there are a great deal of people that are likely to become victims of offenses against themselves or their property. The criminal justice system is used to govern crimes and impose penalties on individuals that may violate laws. The criminal justice system is made up of different agencies that include: law enforcement, the courts, and corrections. Within this paper, I will discuss the roles of the prosecutor, the defense attorney, the criminal, and the victim and how victimization affects each role. Also, I will inform you about the goals of sentencing associated with each role. The goals of alternative sanctions will be discussed. I will also let u know what recommendations I have regarding victims’ rights.
If most cases went to trial, the likelihood of the accused posting bail or the judge releasing the accused on their own recognizance is seldom therefore, jails would be crowded with individuals awaiting court dates. According to an article "Why Innocent People Plead Guilty" by Jed S. Rakoff "In 2013, while 8 percent of all federal criminal charges were dismissed (either because of a mistake in fact or law or because the defendant had decided to cooperate), more than 97 percent of the remainder were resolved through plea bargains, and fewer than 3 percent went to trial." This is infringing people 's right based on the sixth
...ct that in less serious crimes the defendant will plead guilty in order to receive a better deal.