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Plea Bargain
The objective of this study is to answer as to whether justice is served when a defendant is allowed to plea-bargain his or her case in court and why. This process is such that the prosecutor enables the defendant to plead guilty to a charge that is lesser than the original charge with less maximum sentence than the original charge.
There are many various factors that determine whether each case will be eligible for a plea bargain. This involves both sides of the case weighing the strength of their case and whether going to trial would be an effective resolution to the case. Another factor that determines whether a plea bargain might be satisfactory is the public push for prosecuting the case to the full extent of the law. The defense attorney gives consideration to the desire of the individual defendant to go to trail and the seriousness of the sentence that might be given if the defendant is found guilty following a jury trial.
Opinion on Plea Bargains
Plea bargains have both pros and cons. The adverse consequences of plea bargain agreements include that police have grown...
Because the police believe that the defendant will enter a plea bargain agreement, the cases that they investigate and arrest on often will not stand up to the scrutiny of a jury trial. However, plea bargains do result in a more efficient process that gains more convictions and thus more income for the criminal justice system. As well, plea bargaining avoids the costs associated with jury trials making the criminal justice process more efficient. While it has been argued by some judges and attorneys that the process of plea bargaining is unconstitutional since it removes the constitutional right of the defendant to receive a trial by a jury. (Blankenship, 2003, paraphrased) However, the defendant does retain their rights at all phases of the process in the criminal justice system to have a trial by a jury therefore, many judges and…
Works Cited
The Pros and Cons of Plea Bargaining (2013) LawInfo. Retrieved from: http://resources.lawinfo.com/en/articles/plea-bargaining-and-deals/federal/the-pros-and-cons-of-plea-bargaining.html
Blankenship, G. (2003) Debating the Pros and Cons of Plea Bargaining. The Florida Bar News. 15 Jul 2003. Retrieved from: http://www.floridabar.org/DIVCOM/JN/jnnews01.nsf/Articles/6F11A9B117DAFB2185256D5F004C4985
Exodus 21: 24 (2013) Bible Hub. Retrieved from: http://biblehub.com/exodus/21-25.htm
Plea Bargaining Many criminal cases are often resolved out of court through agreement between the aggrieved party and the offender. The process of achieving such a settlement is referred to as Plea Bargain in law. It is a practice that is used in many jurisdictions to resolve cases. Either of the sides in the case may initiate the Plea bargain process. Both sides have to agree before such a process succeeds
Very often, plea bargains allow the defendant to agree to perform some socially beneficial tasks for the purpose of deterring similar crimes which are more beneficial to society than traditional incarceration. For example, those charged with littering might agree to clean up highways while wearing signs publicizing the embarrassing consequences of littering or those charged with petty thefts like shoplifting wearing signs identifying their crimes publicly in lieu of ninety-day
Plea Bargains From a gut level reaction, emotions start to boil whenever a show like this is aired. Questions about how the greatest country in the world can have such obvious flaws in a justice system that has been the envy of the worldwide legal community start to surface. Additionally, heartstrings are tugged, citizens are moved to make demands, and groups involved. What a great country we have! The next reaction
Plea Bargaining Pleading for Justice Plea bargaining by its very nature implies negotiation, which in turn means that two or more parties are seeking to achieve specific goals with the cooperation of the other parties. In the absence of plea bargaining the parties would face each other in court as adversaries in front of a referee and their conduct and the trial's proceedings would be strictly controlled according to the law and
The ethical considerations have been addressed in the survey by the elements of the plea bargain provided to the individuals surveyed. Herzog's study shall serve as the model for the study proposed here. This study should serve anyone interested in understanding the public opinion and perceptions as they relate to plea bargaining. References (recommended) www.questia.com/PM.qst?a=o&d=5013705813 Bibas, S. (2005). White-Collar Plea Bargaining and Sentencing after Booker. William and Mary Law Review, 47(3), 721+.
" This means that, "It is an indictment of the criminal justice system, not plea bargaining itself" (Sandefur, 2003, p. 31). The Constitution incorporated the right to a trial into the process, and it does not necessarily entail that: the defendant needs to know his rights in waiving them or hiring a legal counsel to help. Sandefur finally stated that, "Plea bargaining is not perfect, but its problems are procedures