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 has transformed the criminal justice system into a system of pleas rather than a system of trials.
While many will argue that plea bargaining is necessary, it cannot be disregarded that plea bargains stand on unethical grounds. In this research paper, an overview of what plea bargaining is and its incentives will be discussed. Furthermore, in order to demonstrate the ethical issues that surround plea bargains, a detailed overview of
…show more content…
The plea bargaining process agreement allows for both the defendant and prosecutor to dodge lengthy trails, as well as allowing for the defendant to escape the risk of a guilty verdict. Therefore, it is intentional the usage of plea bargains in order to leave defendants and the prosecutor better off; however, how better off are prosecutors and defendants truly?
For instance, if the defendant pleads accountability for a crime they did not commit, then the defendant in sum trades their rights in return for a reduction in sentence. This in turn makes plea bargaining a major disadvantage because of its wrongful conviction of innocent people. Additionally, if a defendant is innocent but agrees to plead guilty, the defendant is responsible to pay any accrued fine, as well as imprisonment for a crime they did not commit and will have criminal charges onto their record that cannot be
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.
Criminals can come in many different shapes and sizes. For example, a criminal can be classified as being a murderer or a criminal could just simply have committed fraud in a business setting. There is a large diversity of criminals and it is the judge’s job to determine what is a fair punishment for a guilty verdict. Judge Ron Swanson, a federal judge for the Florida District Court of Appeal, deals with using cost-benefit analysis daily to determine what is fair for everyone involved. Before becoming a judge, Judge Swanson was a prosecutor coming out of law school in the University of Florida. As a prosecutor and a judge, Judge Swanson has always worked to bring justice for the victims, the defendant if he or she is innocent, and for the citizens
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
Steve Bogira, a prizewinning writer, spent a year observing Chicago's Cook County Criminal Courthouse. The author focuses on two main issues, the death penalty and innocent defendants who are getting convicted by the pressure of plea bargains, which will be the focus of this review. The book tells many different stories that are told by defendants, prosecutors, a judge, clerks, and jurors; all the people who are being affected and contributing to the miscarriage of justice in today’s courtrooms.
American citizens accused of crimes have a constitutional right to a speedy public trial by an impartial jury, to be informed of the nature and cause of the accusation, to be confronted with witnesses against them, to bring witnesses in their favor, and to have the assistance of legal counsel. On April 27, 1861, Lincoln decided that such constitutional...
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...
Defenders of the Miranda decision say that fewer crimes solved are for a good reason. They believe that law enforcement officers were forced to stop coercive questioning techniques that are unconstitutional. Over the years, the Supreme Court has watered down its stance in saying that the Miranda rules are not constitutional obligations, but rather “prophylactic” safeguards intended to insure that officers do not force a confession from a suspect. The need for both effective law enforcement as well as protection of society dictates the need for potential alternatives to the limitations of Miranda that would simultaneously protect the interest of society in effective law enforcement while at the same time providing protection to suspects against unconstitutional force (www.ncpa.org).
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
Ethical behavior amongst prosecutors could use some major improvement. According to Peak (2012), contrary, perhaps, to what is popularly believed, it was decided over a half a century ago that the primary duty of a prosecutor is “not that he shall win a case, but that justice shall be done.” The history of misconduct by prosecutors can be dated as far back as the late 1800’s.
The sixth amendment is indeed a right that carries tremendous importance with its name. It constitutes for many protections which Mallicoat (2016) summarizes by saying it “provides for the right to a speedy trial by an impartial jury of one’s peers in the jurisdiction where the crime occurred. Provides the right to be informed of the nature of the charges, to confront witnesses against oneself, and present witnesses in one’s defense. Provides the right to an attorney.” Having an impartial jury of one’s peers is extremely important in efforts to eliminate bias and a subjective, limited range of mindsets. If this cannot be obtained in the jurisdiction where the crime was committed, one may request trial to be held elsewhere, such as in the case
The legal system’s focus on legal guilt over factual guilt sets rules in place that could potentially prove an accused person’s innocence and thus solve the issue of factual guilt. The judicial system is structured in a way that ensures a person’s legal rights are upheld when it comes to criminal law. It is critical to the proceedings that all rules are followed
Suppose research showed that there were huge backlogs in the Alaska’s court system, punishing defendants who do not accept the offer of plea bargain has severe disadvantages. For instance, reducing the sentencing period for people who plead guilty encourages people to do more crime because people know that they will be less sentenced as long as they accept the offer of the plea bargain.
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.
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.