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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 judicial precedence. In contrast, plea bargaining allows the parties to be more creative when seeking their goals, but without the trappings and constitutional safety nets that a trial provides (Bowers, 2007). Plea bargaining is therefore a less formal legal proceeding that nevertheless determines the fate of the accused with respect to criminal convictions, sentencing, and fines.
The parties with a vested interest in the outcome of a criminal plea bargain are the police, accused, prosecutor, judge, and hopefully…… [Read More]
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.
eferences (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 eview, 47(3), 721+. etrieved October 6, 2007, from Questia database: http://www.questia.com/PM.qst?a=o&d=5013705813 www.questia.com/PM.qst?a=o&d=5015688864
Brown, M.P., & Bunnell, S.E. (2006). Negotiating Justice: Prosecutorial Perspectives on Federal Plea Bargaining in the District of Columbia. American Criminal Law eview, 43(3), 1063+. etrieved October 6, 2007, from Questia database: http://www.questia.com/PM.qst?a=o&d=5015688864 www.questia.com/PM.qst?a=o&d=99126488
Champion, D.J. (1994). A Criminal Justice Sourcebook. Westport, CT: Greenwood Press. etrieved October 6, 2007, from Questia database: http://www.questia.com/PM.qst?a=o&d=99126490 www.questia.com/PM.qst?a=o&d=29300422
Champion, D.J., & Mays, G.L. (1991). Transferring Juveniles to Criminal Courts: Trends and Implications for…… [Read More]
" 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 and not constitutional" (Sandefur, 2003, p. 31). This is important, because it is highlighting the different views on how the plea bargaining process works.
In order to make significant changes in the process of plea agreements, Fisher (2007) suggests in his article The oundaries of Plea argaining: Negotiating the Standard of Proof that we need to reconstruct these procedures. This is based on: the arguments presented by legal scholars and the current condition of plea bargaining in the United…… [Read More]
Benefits From Plea Bargaining?
Although the U.S. Constitution guarantees all defendants a trial by jury, individuals entering the criminal justice system today have about a one-in-twenty chance of actually undergoing a trial, with the rest of the cases being plea bargained away. While this approach facilitates the disposition of cases in already overbooked courtrooms, plea bargaining has been the source of a growing amount of criticism as a result of its preemption of due process and the perception of the dilution of fines and penalties that are assessed criminals just to speed things up. To determine the facts, this paper provides a review of the relevant peer-reviewed and scholarly literature concerning plea bargaining to identify the arguments in support and against the practice, followed by a summary of the research and important findings concerning these issues in the conclusion.
eview and Discussion
The definition provided by Black's Law Dictionary (1990)…… [Read More]
However, in 1852, the Massachusetts legislature removed the prosecution's power to nol pros without the judge's consent. This eliminated the prosecution's key leverage over defendants in liquor cases: the power to charge and then drop some charges in exchange for a plea. Sure enough, the number of clear plea bargains dropped dramatically, and the number of trials increased concomitantly (Fisher, 2003)."
There are numerous benefits to using the plea bargain system. The first and most important benefit from the standpoint of a prosecutor is the fact that it provides an automatic conviction. The prosecution does not have to worry about whether the evidence will hold up under the scrutiny of the system. They have to wonder if their witnesses will be believable during a traditional trial. In addition the prosecution is always at the mercy of the jury members. Jury members are human and subject to human emotion…… [Read More]
history plea bargaining? When ? 2. What recent statistics plea bargaining U.S. ( current year)? What
Bargaining With Pleas
The history of plea bargaining can be traced back to the end of the colonial era in the United States. Plea bargaining was known to exist in this country since at least 1780, a fact that is corroborated by author George Fisher. Fisher dedicated a significant amount of research to the history of this legal device in the court systems of Middleton, Massachusetts (McCoy, 2003). Initially, plea bargaining was used as a way to convict criminals of victimless crimes, the best example of which was the illegal sale of alcohol. A crucial component to the early use of plea bargaining was the fact that there were a bevy of mandatory sentencing laws, much like there are federal minimum mandatory sentencing laws for narcotics related offense today (McCoy, 2003). Those convicted of…… [Read More]
3. Given what you know about the operations of the criminal courts, is it accurate to call the criminal justice process an "open system"? Why?
Yes, it is accurate to call the criminal justice process an open system. Criminal defendants have access to counsel, either private counsel or court-appointed counsel if a defendant is indigent, for every crucial part in the criminal justice process. In addition, the public has access to the criminal justice process; courtrooms are open, so that the public can witness justice as it is being dispensed. Furthermore, because juries are derived from the ranks of the average citizenry, the actual fact finders in the criminal justice system come from the public. In these ways, the criminal justice system is an open system. However, it is also true that the criminal justice process is a closed process. Defendant's communications with their attorneys are privileged, so that the…… [Read More]
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…… [Read More]
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 jail sentences. In other instances, plea bargains in which defendants agree to conditions including reimbursing victims of their crimes also serve more social utility than imposing a term of incarceration without any restitution to the victims.
Besides the issues of cost savings associated with plea bargains in lieu of trial, incarceration itself is tremendously expensive to administrate.
Furthermore, in some cases, defendants convicted of relatively non-serious crimes could be seriously harmed by incarceration alongside dangerous criminals.
The Problems with Plea…… [Read More]
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 felt however is to ask if this is really a story.
A recent report confirmed that "criminal cases rarely go to trial, because about 95% are resolved by plea bargains" (Lynch, 2011, p. 68). Contemplating such a large percentage of cases that never see the inside of a courtroom is mind boggling to say the least. Watching The Plea, one would likely start to wonder what percentage of the number of cases resolved by plea bargains actually result in…… [Read More]
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 (How Courts Work | Public Education). The Plea-Bargaining process involves pleading guilty by a defendant to a lesser charge. It may also involve pleading guilty to only one or all of the charges leveled; with the prosecuting attorney pleading for or recommending leniency in the sentences. It should be noted that the judge is not bound by the recommendation for leniency by the prosecution. Some plea bargains are approved by courts while others are not.
Sentence Bargaining and Charge…… [Read More]
Police Abuse/Problems with Guilty Pleas
From time to time, the media highlights stories about police abuse that can best be described as disturbing. It is unfortunate that some police officers do turn against the same people they have sworn to keep safe. Indeed, most victims of police brutality are left feeling frightened, betrayed and helpless. Further, police abuse triggers a cycle of mistrust in which case the community gradually loses confidence in those they rely on for safety and protection. Though a majority of police officers in the community I come from are dedicated and act within the confines of the law; there are a few bad elements (based on previous incidences of police brutality) who soil the otherwise warm relations the community shares with the police.
It is important to note that only a fraction of the total incidences of police abuse are reported by the media.…… [Read More]
While this opinion might be considered unpopular, the reality is that these repetitive stops are reasonable. These repetitive stops represent a phenomenon known as criminal profiling. Criminal profiling is done simply because it does catch criminals. For example, criminal profiling was precisely what helped police investigators catch a criminal known as George Metesky, a bomber who had eluded the police for over 15 years. The frustrated police force asked investigator James Brussel (the assistant commissioner of mental hygiene) to come up with a detail description of the subject based on crime scene photos, notes, and other details provided. Brussel came up with the following description of the subject: "He would be unmarried, foreign, self-educated, in his 50s, living in Connecticut, paranoid and with a vendetta against Con Edison -- the first bomb had targeted the power company's 67th street headquarters" (Winerman, 2004). As experts do admit,…… [Read More]
Letting the Big Ones Get Away
One of the most common tools that is used by prosecutors is the plea bargain. This is when the defendant will plead guilty to a lesser crime in exchange for immunity or reduce charges. In nearly all court cases, prosecutors are willing to make some kind of plea deal. The reason why, is they believe that this will save time, reduce costs and it will serve justice. However, like with any kind of deal, the focus of the prosecution will be focused on a single person or group of individuals. As this information will more than likely be used to solidify the government's case against the defendant. ("Bargaining Justice," 2012)
The situation involving the known drug kingpin and his girlfriend is problematic. This is because the drug kingpin has been known for successfully avoiding prosecution in the past. The main reason is from the…… [Read More]
instant case are typical of many criminal cases presented to the courts on a daily basis and the role and responsibilities of the principals remain essentially the same. The prosecutor in the case has the primary duty to ensure that justice is done. This duty applies not only to the victim, but also applies as to the defendant. In the instant case this requires that the prosecutor make every effort to make sure that all parties responsible for the crime are properly prosecuted and that such prosecution is conducted fairly (Graham, 2005). The fact that the defendants apparently used a gun in the commission of the crime presents the prosecutor with a considerable problem relative to any plea bargain. If the defendants are charged with a gun specification, the prosecutor must determine whether or not to drop such specification as part of the plea negotiation. In light of the recent…… [Read More]
Punishment: Too Much or Not Enough
The purpose of the punitive measures effected by the criminal justice system has changed over time, especially as that system operates in America. There are several ideological stances to consider in regards to such punishment, which largely incorporate criminal, sociological, and moral viewpoints. The ebbing and swaying of various tenets espoused at different times and with varying popularity have largely resulted in today's criminal justice system in which punishment is largely viewed as a means of retribution. As such, punishment levied upon those convicted of criminal offenses is decidedly lengthy, resulting in a climate in which there appears to be a surfeit of punishment resulting in a system in which authors argue that "we are indeed ill" (ose, no date, p. 978). Certain other factors intrinsically related to the criminal justice system, such as the imminence of plea bargaining and the lucrative business of…… [Read More]
.....controversy of establishing a court system at the creation of the U.S. Constitution centered on the power struggle between states and the creation of a federal, central government with its own court and ability to overrule state court decisions. The Constitution pitted Federalists against Anti-Federalists. The former wanted a central government that acted as the top force over all the states; the latter wanted no central government -- because, after all, the Revolutionaries had just fought a war against a king -- why should they turn around and elect a new one? The idea of sovereign states was such that each state was its own master and local citizens could have more say in their government at a localized, grassroots level. The passing of the Constitution essentially tipped the scales towards the centralized federal government having power over all the states (Brutus No. 1, 1787).
UNIT 1 DISCUSSION (2)
Feld's…… [Read More]
Prosecutors consider several factors. For effective prosecution to take place there should be the required selected readings, methodology and analysis of the findings of the case (Siegel 2012). A standard case set is also crucial since it is a tool used for decision making in the criminal justice system. These tools enable us to understand how prosecutors view a case and how they come up with justified decisions.
The standard case set measures the level of agreement between prosecutors. Some of the well-known factors that contribute to the decision-making process of prosecutors categorized into two main types. These are legal and extra-legal. According to Siegel (2012), legal factors include the strength of evidence, culpability of the defendant and the seriousness of the offence. If the evidence against the defendant is strong, it is likely that the court will charge and convict the defendant for the offence. This also applies with…… [Read More]
Victims and the Prosecutor
The popular debate about the proper place of victims in criminal justice decision-making tends to be embedded in terms of balance. One side of the debate says that victims of crime should take an active role in plea bargain negotiations while the other side feels that victims should not be able to influence a prosecutor's decision making. Victim participation is currently incorporated at sentencing due to the fact that sentencing is a discrete, public proceeding in which the judge makes a decision that is based on preset criteria and characteristically justified with some specificity. Victim participation is not so readily included into plea negotiations since such negotiations are typically private, unplanned interactions in which the prosecutor makes decisions with no public explanation based on criteria that are frequently unarticulated (O'Hear, 2007).
Proponents of victims being involved in plea negotiations feel that such a practice is…… [Read More]
Criminal Cases and Their esolutions
Discuss one (1) real-life criminal case, taken from current events, and identify the court that took jurisdiction. Explain why the court that took the case was the appropriate one for the particular circumstances. (Jodie Arias)
The Jodi Arias case is being tried in Maricopa County by the Maricopa Superior Court. The reason why that court took jurisdiction is because the crime was allegedly committed in Mesa Arizona. Mesa is located in Maricopa County. Part of the reason that the court was tried by the Superior Court was connected to the fact that the Arias was charged with murder in the first and because the state sought the death penalty. Thus, the stakes are high enough to warrant the use of the superior court. "The case has not yet been sent to the jury for their determination on whether Petitioner is not guilty or guilty of…… [Read More]
In this scenario of what may be an instance of domestic violence, the officer has the option of simply talking to the couple, determining what is wrong and issuing a warning-or pressing charges against both or one of the participants for disorderly conduct. The police officer can simply use his or her presence to influence the couple's behavior or can use the actual weight of the law. The officer will have to use his or her perceptions of the relationship between the couple as well as the information the couple offers. As part of assessment, the officer should speak to both members of the couple separately to determine if one or more of the participants is at risk of suffering further physical violence. The officer should also determine if alcohol or drugs are potentially involved, which can affect the participants' judgment. It should be noted that merely because the…… [Read More]
Trash covers represent an excellent technique in the investigation of terrorist organizations. Begin by listing those items that might typically be found in your discarded trash that would provide details regarding you personally; your interests, lifestyle, associates, family, business, income, debts etc. Be honest and be thorough in your response. Follow your response by listing items that investigators might be interested in locating in the trash of suspect terrorists and follow with a discussion of how such items could be used to benefit the investigation.
Items that might typically be found in my discarded trash that would provide details regarding me personally are my cell phone statements, my bank account statements, discarded product packaging, receipts, medical bills, envelopes, defunct art supplies, sketches and discarded snippets of poems or stories.
Likewise, in the case of a suspected terrorist, investigators would essentially be interested in most, if not all of the things…… [Read More]
Moreover, the condition of retaining inmates in prison, who may be innocent and deserve to be freed, or who may really deserve death judgment, is costly.
What to do about the prevalence of plea bargaining.
Plea bargaining should be limited depending on the level of crime that an individual has committed. This is to avoid the ineffective delivery of justice to crime offenders and to the crime victims.
One disadvantage of plea bargaining, according to an online article is The concrete disadvantage is that there is some reduction in the conviction offense or sentence on both.
Plea bargaining also has advantages but only when it is applied on appropriate criminal cases. Therefore, in my stand, plea bargaining should not be totally abolished. Rather, it must be implemented on moderate cases of offense. The strategy is to set a law that will put limitations on plea bargaining. According to an online…… [Read More]
Padilla v. Kentucky: Implications for U.S. Immigration
This paper provides a review of the relevant literature concerning the case, Padilla v. Kentucky,[footnoteef:1] discussing citizenship, and similar predicaments in other countries. It is this paper's thesis that the decision in Padilla has significant implications for defense lawyers who must now become familiar with the complexities of immigration law or retain counsel to assist them in this area. Established in Strickland v. Washington, the test for ineffective assistance of counsel is comprised of two parts: (1) defendants must first show that their counsel was constitutionally deficient and (2) show that the deficiency prejudiced the result of their case.[footnoteef:2] In addition, cases involving guilty pleas require defendants to demonstrate that in the absence of deficient counsel, they would have insisted on a trial.[footnoteef:3] Furthermore, defendants also enjoy the Due Process Clause protections that require judges and defendants to engage in a conversation concerning…… [Read More]
Eyewitness Memory and Identification
• Should eyewitness memory factors be taken into the consideration when making a plea bargaining decision in the courtroom?
Evidence has revealed that eyewitness memory can affect identification. This is because DNA has overturned more than 70% of eyewitness identifications.
• Age, race, and alcohol intoxication of eyewitness are the major factors affecting the eyewitness identification in the United States legal system.
The independent variables are age, race and alcohol intoxication, while the dependent variable is the eyewitness identifications. Thus, the independent variables can affect the dependent variables in the sense that older adults and children often face challenges in recollecting events thereby likely to make an eyewitness misidentification. People who are intoxicated with alcohol are more likely to incorrectly identify someone in a lineup or in court. Moreover, an eyewitness is likely to make a bias towards other ethnic groups thereby giving false eyewitness identifications.…… [Read More]
Therefore, today's society in the United States is diverse, which is something a social worker needs to understand and know how to deal with each diverse group. Furthermore, through research, it has been discovered most ethnic groups that live in the United States consist of young people, which means by staying in this country, they grow accustom to their surroundings. Once they have grown accustom to living here, they feel like this is their home to start a life with their own families. This continues the growing number of ethnic groups in this country.
Due to the educational accommodations that schools and college campuses make for students that have ethnic backgrounds, there is not enough prejudice of one group to let a Holocaust to occur in the United Stated. Furthermore, this country believes in freedom of speech to allow one ethnic to be isolated from the rest and condone any…… [Read More]
esearch also showed that offenders tend to be part of or return to communities with high concentrations of offenders. The concentration of offenders in these neighborhoods affects the community negatively by increasing the stigma associated with the community and also saddling the community with additional problems without providing added resources needed for restoring or maintaining order. The ultimate consequence is the that the criminal justice system destabilizes informal networks of social control and increases poor attitudes towards formal social controls, both of which have been shown to contribute to increases in crime and disorder in the communities. Churning results in unnecessary pressure being put on the other residents of the communities who are law-abiding in disadvantaged communities. The removal of men from the community through incarceration has the chilling effect of changing the family's socio-economic structure. The families of incarcerated members, especially men, of the community also face stigma and…… [Read More]
Enforce the Death Penalty for Murders Over a Life Sentence
This paper addresses the question: Is it more cost effective to enforce the death penalty for murders over a life sentence? Several topics will be covered such as why it could be cost effective and why it has not been cost effective. Several articles point to the need for prisons to carry out death penalties in order for death penalty sentencing to be cost effective. The introduction will highlight why the death penalty has been regulated more so than enforced.
Other articles will also show how death penalty sentencing can be used a means of creating persuasive plea bargains as criminals do not want to experience death row. Another article states how expensive maintenance of death row inmates are vs. inmates who received life sentences. It also shows how many inmates were killed on death row vs. The…… [Read More]
Written into the legal changes would be protocols for review of cases to re-determine parole eligibility in certain cases but especially those where the latter crimes were non-violent and relatively minor offences. Because of this review aspect the legal and physical changes of this alternative is the most effective in both the short-term and long-term, of dealing with prison overcrowding. This alternative was chosen, not because it is the least costly, as it will likely be one of the most costly solutions, but because it has the greatest possibility for making real change in the overcrowding problem and rebalancing the system to create sustainability in the future. The implementation of this change will begin with resources as reviewing many cases, will require thousands of man hours in and out of courtrooms and likely develop into a monumental task for already overburdened public prosecutors, defenders and judges. Changing the legal precedence…… [Read More]
Death Penalty+ Annotated Bibliography
It has been theorized and even proven that many laws that are in place in America are the product of JudeoChristian religious beliefs, practices and writings, that have over the years been toned down to better meet the needs and standards of the U.S. society. here is a clear sense that some penalties for breaking the law have little if any effect on crime committed in the future, i.e. act as deterrents to crime and penalties for crime range from paying small fines to capital punishment. Opponents of capital punishment have always claimed that it does not deter crime while proponents have claimed that it does. Opponents have also claimed that the death penalty is a violation of the 8th amendment, cruel and unusual punishment and that it does not belong in any civilized society. Proponents on the other hand state that it is important to…… [Read More]
Psychologists’ Roles, the Law, and Juries
The role of the psychologist as a consultant in jury selection is like that of an advisor: the psychologist assesses the pool of jurors, their responses to questions put to them by the defense or prosecution, the demographics, and the demographic that would be most favorable to the defense or the prosecution. The psychologist then gives advice to either side in terms of describing which jurors should be selected and which should be challenged.
Three examples of psychological concepts that are applied to the selection of juries are: (a) self concept, (b) prejudice and discrimination, and (c) attribution theory, which is the idea that a person will attempt to understand another’s actions by attributing feelings or beliefs to that person. A psychologist will make advice based on these concepts: the self concept is the image that the individual projects—the ideas that make up…… [Read More]
If a plea bargain is reached before the trial, often the trial will not continue. The suspect will be sentenced and then continue to incarceration. Plea-bargaining is a legal tool, which keep the courts from becoming too clogged (Champion 208). This ends the Pre-Trial phase of the criminal court system.
Next in the process is the trial itself. Most people who enjoy courtroom dramas will recognize this phase of the process. Many trials are pleaded out, which means the main characters in the process are the prosecutor, the defense counsel, and the judge. hen a case does go to trial, juries are selected, and are generally composed of 6 or 12 peers, chosen with equal input and approval by both the prosecutor and the defense (Samaha 329). The prosecutor, usually working for the county or state, offers their evidence against the suspect, while the defense counsel presents evidence meant to…… [Read More]
The actual court proceedings in a juvenile court consist of the arrest procedure, search and seizure, and custodial interrogation (Calderon 2006). The concept has been that the delinquent is a child rather than a criminal. Hence, rehabilitation rather than punishment is the court and the system's goal. ut the major aspects of the juvenile justice system continue to hound its supporters. One is the cause of serious juvenile crime. Another is that young offenders need to be rehabilitated under a surrogate entity of the parens patriae concept. Another is a recent redefinition of young violent offenders as adults and their transfer to adult courts and the criminal or adult justice system. There has been increasing belief that they pose a serious and genuine threat to the safety of other young people and the community as a whole. An increase in serious juvenile crimes warrants more severe punishment. ut moving them…… [Read More]
According to Miller and Wright (2002), "When it comes to plea bargaining, we have created a false dilemma. The dilemma grows out of the central reality of criminal adjudication in the United States. The vast majority of criminal cases are resolved through guilty pleas rather than trials. Most of those guilty pleas result from negotiations between prosecution and defense" (p. 29).
According to Walton (2004), "The straw man fallacy is committed when the proponent's argument is based on premises that do not represent the commitments of the other party in the dispute, and where his argument used a distorted version of these commitments to try to refute the other party" (p. 25). The straw man fallacy represents a common technique that is used to divert attention away from the actual issues involve to irrelevant or even imaginary ones that can be impossible to defend against. In this regard,…… [Read More]
In situations where outcome or decision control is ceded to a legitimate decision-maker, the available legal procedure may be judged according to whether it provides adequate 'voice' for the aggrieved, adequate process control, and/or the satisfaction of being respected and afforded an appropriate level of procedural justice as a litigant, defendant or citizen.
In any event, continued dialogue between lawyers and psychologists from both types of system is encouraging. To this end, van Koppen and Penrod (2003) have collected legal psychological analyses of American and European criminal justice procedure together in a recent volume allowing comparisons between adversarial and inquisitorial mentalities.(n10) If this type of work continues, we may better understand when each type of process works best and when people, be they socialised in Australia, America, England or continental Europe, react best to adversarial or inquisitorial systems of legal decision-making in particular contexts.
In many jurisdictions, the approaches of…… [Read More]
herefore, by increasing the costs of imprisonment by the three strikes law, it is intended that there will be less crime. Marwell and Moody express several difficulties with the laws in the 24 states: Criminals are not always aware of the laws, at least not initially; repeat criminals can be expected to serve substantial prison terms even in the absence of the laws; almost all of the states already had habitual criminal statutes where criminals with prior convictions could be given lengthy sentences under the judge's discretion; the deterrent effect on homicides is limited in any case because the law most likely does not increase sanctions for homicides. However, the law may reduce homicides by deterring robberies and other felonies where homicides may take place; some criminals may limit their expected costs by taking evasive action, such as moving to another jurisdiction or to other areas of crime where the…… [Read More]
Competency to Stand Trial
DRAWING THE LINE
At any point in criminal proceedings that a defendant shows signs of mental illness, his competence to proceed to stand trial may be questioned (Winick, 2002). The issue may be brought up when he pleads guilty, waives certain constitutional rights, at sentencing hearing or when administering punishment, including capital punishment. Either the defense or prosecution or the court itself may raise the issue, even if the defendant himself objects to it. ut mental illness alone, even schizophrenia, does not automatically produce a finding of incompetence. Rather, it is based on the degree of functional damage produced by the illness. Two conditions must be satisfied in order to be adjudged incompetent to stand trial. It focuses on the defendant's mental state during trial. It is differentiated from the legal insanity defense, which is based on the defendant's mental state at the time of the…… [Read More]
Criminal Justice System
Corrections, Civil Court proceedings
The role of the victim in the criminal justice system
To the victim, the processes of the criminal justice system can seem frightening and confusing. It is important for the victim to understand that the justice system unfolds in an orderly, sequential process, and while it may be frustrating at times, the multi-step nature of the justice system is also necessary. With most crimes, the first stage is the initial report. "Law enforcement officers receive the crime report from victims, witnesses, or other parties (or witness the crime themselves and make a report)" (The criminal justice system, 2013, National Center for Victims of Crime). After the initial report, then law enforcement conducts an investigation to see if a crime has been committed; who the perpetrator may be; and then they try to arrest the suspect after gathering evidence. "If they find a suspect…… [Read More]
Eye Witness Memory and Identification
In the contemporary legal environment, an eyewitness plays a critical role in the legal system. A correct eyewitness identification has helped in advancing an investigation, and can be used to solve a complex case. Despite the importance of eyewitness identification in a legal system, eyewitness misidentification is being identified as the contributing factor to wrongful convictions based on the DNA testing. Typically, the eyewitness misidentification leads to 70% of wrongful convictions based on the DNA evidence in the United States. In cases after cases, it has been proven by the DNA that eyewitnesses are mostly inaccurate. For example, a review of 311 cases reveals that 73% of the convictions have been due to the eyewitness errors leading to wrongful convictions. Evidence have also revealed that eyewitness identifications can sway strong alibis, juries and police. Unfortunately, the memory of some eyewitnesses is either unable to recall…… [Read More]
Reactions to the Jena 6 incident were riotous. African-Americans in Jena and the civil rights activists that supported them cried foul, claiming that the charges brought against the six teenagers were so excessive and racially motivated. The victim was knocked unconscious. Instead of focusing on the victim's pain and suffering, media sources point out that the 17-year-old, Justin Barker, was not even hospitalized after being treated in the emergency room for his injuries. For two and a half years Barker's family suffered emotionally due to the aftermath of the incident but all the media could focus on were the perceived civil rights of his assailants.
Even after the charges were dropped or reduced, defense lawyers still claimed that the district attorney was "overreaching" by charging one suspect with aggravated second-degree battery because no weapon was involved (itt). One of the African-American student's father claimed that the charges were "ridiculous," (itt).…… [Read More]
Conflicting eward Systems and Their Impact on Criminal Justice Administration
It order to ensure that the desired response is generated one should link the reward with the proper output. Almost in every other domain of life the conflicting reward system is implemented. It has been established through various studies that people tend to behave in the manner which is appreciated and rewarded, hence it is important to design rewards in such a manner that people are encouraged to provide the required output and response. There are several examples which reflect the conflicting reward system where the behaviors or responses which are rewarded are those which are undesired and the required behaviors are not rewarded. In this paper an attempt has been made to analyze the impact of conflicting reward systems on the criminal justice administration (Kerr, 1995).
The duty or responsibility of the Criminal justice system is to control the…… [Read More]
The urpose of a olitical Court
In the view of Henry J. Abraham (Abraham 1998, 55), "theoretically," just about any qualified law school graduate with ambitions for an important judicial appointment would appear to have a fair chance at being nominated to the U.S. Supreme Court. That is providing, of course, the candidate is politically "available" and is, in Abraham's words, "acceptable to the executive, legislative, and private forces that, in the order enumerated, constitute the powers-that-be underlying the paths of selection, nomination, and appointment in the judicial process." key phrase in Abraham's criteria is "acceptable to the...legislative" body; as has been witnessed in the past few days and weeks, some of the conservative judicial nominees - not for the High Court but put forward by resident George W. Bush for federal appeals courts slots - have not been "acceptable" to a sufficient number of U.S.…… [Read More]
Many of the busts in the ghetto are drug-related, and Hilfiker notes that our society punishes petty drug offences far more severely than crimes committed by people who are wealthy. Meantime, the mandatory minimum sentence takes away the possibility of any plea bargaining; it takes away the judge's previous alternative of giving probation for a petty crime and hands the power to the prosecutor, who runs for office on a "law and order" theme.
"Deserving" poor vs. "Undeserving" poor:
It has been customary in America for society to attempt to separate the "undeserving" poor from the "deserving" poor. The deserving poor are those who have supposedly found themselves down on their luck through no fault of their own; while the undeserving are reportedly "lazy" and likely on some government assistance program (Hilfiker, pp. 69-71). As a token offer of help to the very poor the government makes "TANF" benefits available…… [Read More]
Justice Kennedy, writing for the majority, warned about broader problems with the capital punishment. "When the law punishes by death, it risks its own sudden descent into brutality, transgressing the constitutional commitment to decency and restraint." He took into account the many dangers of the death penalty and concluded it should be restricted to homicides (Death Penalty Information Center, 2008).
The main question regarding the research for or against capital punishment as a deterrent is whether to continue the death penalty because the findings are inconsistent or to stop it for the same reason. esearchers adelet and Borg (2000), in fact, say that the findings impact how Americans perceive the death penalty. They showed how the conclusions of the research over the past several decades have influenced the debate pro-or con capital punishment. Their literature review in relationship to historical events "suggests changes in the nature of death penalty debates…… [Read More]
How large is the incapacitation effect? In ilson's narrative (Chapter 5), he mentions that 2.4 million offenders are currently incarcerated / incapacitated in American prisons. The theory of incarceration, ilson quotes Cullen and Johnson, is "hen in doubt, America incarcerates" but "other nations tend not to do so." And even though the United States is a far smaller country than China in terms of population, the U.S. incarcerates "roughly 750,000 more individuals than China," and about 1.5 million more than Russia does. In broad terms, the U.S. has only 5% of the population of the world but the U.S. has locked up 25% of the 9 million individuals that are in prisons worldwide.
Due to this imbalance of imprisoned offenders, America should use imprisonment "more judiciously," ilson explains. Moreover, the policy in place simply takes criminals off the street so they cannot victimize innocent people, but the policy doesn't change…… [Read More]
The Juvenile Criminal System
This paper will seek to address two questions:
How is the juvenile justice system different from the adult system? Explain your response.
adek (2011) states that the two systems share both commonalities and differences. He presents the juvenile justice system as a rehabilitation center instead of a punishment center for juveniles. However, he also states that punishment is still a central feature of this system, though it is a last resort. Some similarities include "the police, judiciary, and corrections have discretion relative to decision making in both systems."
adek also states that "those adults and juveniles that admit guilt there is a system of procedural safeguards to protect their rights."
Furthermore, he argues that the other commonalities include age group separation, plea bargaining, as well as processes of hearings an appeals.
When adults are tried for crimes, it is clear that there is…… [Read More]
International Crime Rates
International Crime Rates: Germany, France, and Kingdom of Saudi Arabia & the United States of America
The legal systems in the United States, Germany, France, and Saudi Arabia are different due to the differences in the U.S. crime rate and due as well to the differences in the Criminal Justice systems of Germany, France and Saudi Arabia. What factors can be said to cause the difference in crime rates? Does the integration of culture and religion in Saudi Arabia really result in reduced crime rates?
The basic of structure in court systems throughout the world or the universal structure is characterized by courts being divided by lower, mid, and higher levels of courts. There are evident and not so evident differences and variations with this basic structure of organization. There are four types of criminal justice structures of organization. Those are:
Common law…… [Read More]
Driving Drunk Dangerous
Mandatory license revocation and sentencing should be applied to all young adults who are convicted of drunk driving. In addition young adults who are found to drive drunk should be forbidden from riding in a vehicle with other young adult passengers for a period of up to one year.
Every year the number of fatalities and serious accidents that result from drunk drivers rises. There have been numerous laws enacted to combat the problem of drunk driving. None of these laws however have been directed specifically at young adults, and recent studies suggest that this population shows a growing trend toward drunk driving. Thus the aim of this paper is to argue for more severe penalties directed specifically at the young adult population, in the hopes that effective countermeasures may be established with regard to the drunk driving problem.
No one would argue that drunk driving is…… [Read More]
criminal offender and their motivations, but also gave me some interesting statistics, such as fewer than 1% of crimes are committed by people over 65 years old. I also learned that crime statistics have been around for a long time, and that so many people have studied them effectively. I learned about hate crimes too, and what constitutes hate crimes, and what a fairly recent addition they are to the criminal statistics analyzed and counted today.
I learned that crimes reported are one source of information analyzed and reported on, but that other research tries to determine how many crimes are not reported, and analyzes them with crime data, too. These different research methods were new to me, and the information was quite helpful for future reference. Now, I know that when I hear crime statistics, I will not simply accept them, but I will see what report was used,…… [Read More]
Emotion in Criminal Justice
Although criminal justice professionals strive to maintain and promote ideals of objectivity, emotion will always enter into the equation. No human endeavor can be emotionless, and criminal justice is no exception. Crimes, especially violent ones, can have devastating effects not only on the victim and his or her family, but on the entire community. Anger, fear, vengefulness, sorrow, grief, and even elation can all accompany the criminal justice process. Media hype and other elements contribute to the creation of intense emotion that surrounds the process of criminal justice. The process of criminal justice entails balancing the needs of the community with the needs of the individual victim(s) and the perpetrator(s). To balance these needs, criminal justice officials must occasionally rely on emotional input. Sometimes that emotional input arises from within the professional, in the form of sympathy for the victim, or in many cases, compassion for…… [Read More]
It is a matter of opinion as to whether this is actually accurate, but it does appear to be logical (Payne, 1997).
This is an important analogy because of the fact that many individuals who are targeted for a particular reason will often attempt to find a disparity issue that they can use to insist that they have been treated unfairly. In drug use or sale issues, these people are targeted because of the offense that they have committed, but when sentencing is handed down, those who feel that they received too harsh of a sentence will work to find reasons that they believe their sentencing to be unfair.
Race is only one reason that these individuals use. Others include gender, age, and whether the amount of drug that they had is a felony or should be a misdemeanor instead. Some of the speculation into why some individuals feel that…… [Read More]
There are many situations and concerns in the world that require using ethical thought. There are many issues we read about an learn about when we have to ask ourselves what we believe in. hich side do we take on euthanasia or abortion or sexual morays? It is the responsibility of all people to explore these issues so that their opinions are education and well-informed. It is the lazy individual who formulates their opinions on innuendo and rumor. hat is ethical? hat is moral? hat is right? hat is good? It is everyone's responsibility to ask themselves these questions and formulate their own answers to these extremely important issues. Perhaps one of the most controversial topics for debate is over the ethical right of the death penalty. Some feel the penalty to too severe and inhumane. Others feel the penalty is just and not used often enough. How…… [Read More]
The Definition of Ethics
In practically all areas of society ethical subjects are rapidly increasing. Professionals in the health field struggle with ethical questions in relation to abortion, transplants, birth control, informed consent, life-support systems, malpractice suits, patient privacy, human genetics, and high costs of insurance, as well as care on the whole. Ethical matters in relation to nuclear power accidents, oil spills, disposal of industrial waste, defense weaponry, lead and asbestos poisoning, acid rain, as well as ecological balance challenge those in technology, science, and industry. People in the political ground deal with ethical queries in relation to unemployment, homelessness, foreign policy decisions, Social Security, welfare reform, electioneering costs, law enforcement practices, Central Intelligence Agency (CIA) activities, racial and gender discrimination, immigration control, drugs, crime, and lobbying actions. The legal profession is blamed of unethical customs like engaging in doubtful plea-bargaining practices, motivating a harmful litigious spirit,…… [Read More]
Several months later, in September, due to delays, Santobellow had still not been sentenced; he hired a new attorney, who moved to change the "guilty" plea back to "not guilty." hat happened is that Santobellow's attorney claimed that "crucial evidence" against Santobellow had been obtained illegally and filed several motions that caused additional delays. The upshot of this confusion is that when Santobellow appeared before a new judge (the judge that first dealt with the case had retired) there was also a new prosecutor who recommended a one-year sentence in prison for Santobellow. But wait, the original prosecutor had accepted a plea bargain and agreed that there would be no sentence recommendation, and now there was to be a sentence recommendation, which was unfair to the defendant.
And so, after careful and judicial consideration of all the facts in Santobello vs. New York (404 U.S. 247-1971), the Supreme Court of…… [Read More]
Ethical Dilemmas In Criminal Justice
Ethical dilemmas permeate almost all organizations globally. Members of an organization often find themselves in challenging situations that require the adoption of the most effective solution that meet the needs of the conflicting parties or situations. One of the organizations that often face the challenge of ethical dilemmas is the criminal justice organization. The criminal justice organizations have been known to perform activities that ensure safety of the population. Most of the ethical dilemmas focus on decisions that organizations can adopt with the aim of fostering the safety of the victims, convict, and the society. Significant evidence shows that ethics play a significant role in an organization. It ensures the recognition of the rights and freedom of the individual alongside prioritizing the safety of individuals in the society (oberson & Mire, 2010).
Therefore, this research paper analyzes different ethical issues that face the…… [Read More]
Special Duties of Prosecutors
One of the major differentiating aspects of the United States of America is the fact that if arrested, you are innocent until proven guilty. This is a rare concept among legal systems. Most countries deem the suspect guilty until proven innocent. In the United States, it is the duty of the Prosecutor to find the defendant guilty, while the defense attorney is solely responsible for upholding his client's innocence. The prosecutor is seen in a special light by the public. Smith (2001) says that it is understood that prosecutors have the moral high ground, that they are the good guys and are on the "right" side. Prosecutors are representatives of the state and the government, in essence, the people. This responsibility gives the prosecutor a special light, almost making them seem noble, as they seek the truth and justice (Smith 2001). They prosecute villains, and seek…… [Read More]
If the foundations of the NLA are to be supported, the illegal worker will need to be provided with the complete display of NLA solutions. With that said, the tension still remains.
Statistics do show that illegal aliens are accounting for 21% of the foreign born populace in the U.S. In 2000 with that amount snowballing to 30% by 2005(Abraham, 2002). With numbers progressively going up each year, a lot have started asking why. They want to know where are the immigrants coming from and why are there so many of them that are allowed to come into the nation. Statistics display that Mexico is the major distributor of illegal and legal immigrants (http://cis.org/illegal). Statistics show that more than half of the Mexicans that are living in the U.S. In the year 2000 were illegitimate (odriguez, 2006). By 2004, 10.5 million illegal and legal immigrants that were Mexican…… [Read More]
job redesign approaches to revise the selected position.
There are various job redesign approaches that can be adopted in order to revise the role of the supervisor at GM. Grant & Parker (2009, p. 5) pointed out that job design describes how various jobs, roles and tasks are structured, modified and enacted. It also describes the impact of the structures. Job design has also been pointed out by Strumpfer (2006) to be of increasing importance to various organizations. This is because a well designed job results in an improvement of employee well-being. And yet again, it can observed as the process in which a given supervisor makes up his/her mind to change an element of the job, roles as well as tasks of a given individual (Tims and Bakker,2010)
The proposed and improved Job edesign system
General Motors should redesign their jobs to follow the framework of job…… [Read More]
Both men's appearance are said to repel the young, yet they attempt to safeguard their 'just' reputations -- Blindy even says directly that he earned his nickname in his infamous fight: "you seen me earn it" (495). Blindy says that Willie Sawyer's castrating him, although not blinding him was 'too much' during his final fight, as if bargaining with fate.
Eventually, some compassionate individual steps in to defend the reputation of the old men. In "A Clean, Well-Lighted Place" the older waiter takes the old man's side when the younger waiter casts aspersions on the old man's lack of sexual prowess -- because, it is implied that he also lives alone in similar depression and isolation. Frank the bartender tells the story of Blindy's final fight. This is essential given that even if they men believe their fates are 'just' in some fashion, they are haunted by incomplete business in…… [Read More]
Comparative Analysis of Human Trafficking in the United States with the orld
Specialized Field Project
Human Trafficking is a very serious issue that affects every country around the world. Human Trafficking is also known as "Sex Trafficking," or "Modern Day Slavery," which reflects the primary reasons people are bought and sold today -- sex trade and involuntary labor. The Trafficking Victims Protection Act of 2000 (TVPA) defines sex trafficking as
"the recruitment, harboring, transportation, provision, or obtaining of a person for a commercial sex act, is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age."
Moreover, labor trafficking is defined as
"the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, using force, fraud, or coercion for subjection to involuntary servitude, peonage, debt bondage or slavery." (CNHTR, n.d.)…… [Read More]