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Death penalty research paper 12 pages
Death penalty research paper 12 pages
Death penalty research paper 12 pages
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Courtroom 302 Book Review
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.
Plea Bargains
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
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courtrooms such as, judges, prosecutors, their lawyers, to take plea deals and Courtroom 302 is one of them. Bogira, the author, had many encounters with the issue of plea bargains when he was observing Courtroom 302. Tony Cameron is one example. He was a man who wanted to fight for his case, but felt has if he didn’t have a chance. Cameron was being charged with armed robbery and the pressure of a plea bargain was heavily laid on him. He spent 145 days in custody and was growing tired of the case. Finally, he accepted the plea deal and when Locallo, the judge, asked him if anyone was forcing him to take the plea, his response was, (Bogira, 2005, p. 105), “I’m just tired – I’m really tired. I just wanna get this over with.” Locallo decided to instead of letting him think it over, he “sweetens the pot” and plays a small trick saying he will add the days that he already spent in jail as part of his six years. De’Angelo Harris was also pressured into taking a plea bargain when he was being charged for shooting and killing a man named Bennie Williams. Judge Locallo would rather have had a plea deal then have a jury decided Harris’s fate. The judge said, (Bogira, 2005, p. 189), “You never know what those twelve great citizens are going to do.” The judge wanted justice for the victims’ family because the man who was shot was a good citizen with a bright future. Instead of looking at the defendants’ past, he looks at the victims past and decides the defendants fate from there. Harris never wanted to take the plea. He said that he didn’t want to, (Bogira, 2005, p. 189) “cop to a crime he didn’t commit.” The PDs tried to convince Harris to accept the plea deal, forty years, that Locallo offered. One of the PDs told Harris that, (Bogira, 2005, p. 186), “This offer is guaranteed, but nothing is guaranteed after trial.” When he declines, they have Harris’s mom talk to him to try and convince him to take the deal. The judge tells Harris that he will bump the deal down to a thirty-eight-year term and De’Angelo reluctantly agrees. Whether someone is guilty or not, the book does a great job of portraying the fear defendants have put in them. Not taking a plea deal can lead to a longer sentence and it’s never guaranteed which way a jury sways. With that sentence, it’s quite easy to convince a defendant that a plea deal is a better option than trying to fight for their innocents, losing and then serving for a long time. The pressure of taking a plea deal doesn’t only come from Courtroom 302. In the film (The Plea) the defendant Charles Gampero Jr. was pressured into a plea bargain by the judge and even though he wasn’t guilty, he took the deal because he would rather spend a couple of years in prison than the rest of his life. Trials take time and like Judge Caprice Cosper said in the film (The Plea), "The system would collapse if every case that was filed in the criminal justice system were to be set for trial." Analysis I do believe this book does a great job with the portrayal of the criminal court system, but I think there is a lot more drama and significant cases that don’t happen as often in other courthouses.
Courtroom 302 is one of the busiest courtrooms in the United States and that isn’t always the case, but the processes are still the same. According to our textbook, (Neubauer, D.W. & Fradella, H.F., 2017, p. 13) “The overwhelming majority of crimes involve burglary and theft.” Which Courtroom 309 gives many cases that involved some sort of theft or robbery, like the case that mentioned earlier. It also gives a great representation of the flaws that our criminal justice system
has. The judge had a little over eighty-five percent of all his cases that ended in plea deals for that year Bogira observed and interviewed. That is an accurate portrayal of plea bargains. According to our textbook, “Between 85 and 95 percent of all state and federal felony convictions are obtained by a defendant entering a negotiated plea of guilt.” (Neubauer, D.W. & Fradella, H.F., 2017, p. 330). Our textbook also said that, (Neubauer, D.W. & Fradella, H.F., 2017, p. 332) , “The majority of findings of guilt occur because of plea bargaining,” and that is how most of the judge’s cases ended. Recommendation This book was a great read and is a big eye opener. I recommend this book to students who are studying the criminal courts because it gives a clear picture of what exactly goes on in a courtroom. Not only does it give a great roadmap to what goes in a courtroom every day, but it also does a great job of pointing out the issues that go on in our society. The book did a great job at telling defendants back stories, which tells the reader why they ended up in front of Judge Locallo. It also did a great job at pointing out that racism is still existent, policemen are still brutal, the guilty aren’t punished and the innocent are, the system is still political, and justice is still being miscarried.
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
“Corruption is like a ball of snow, once it’s set a rolling it must increase (Charles Caleb Colton).” Colton describes that once corruption has begun, it is difficult to stop. Corruption has existed in this country, let alone this very planet, since the beginning of time. With corruption involves: money, power, and favoritism. Many people argue today that racism is still a major problem to overcome in today’s legal system. American author (and local Chicago resident) Steve Bogira jumps into the center of the United States justice system and tells the story of what happens in a typical year for the Cook Country Criminal Courthouse, which has been noted as one of the most hectic and busiest felony courthouses in the entire country. After getting permission from one of the courthouse judges’ (Judge Locallo) he was allowed to venture in and get eyewitness accounts of what the American Legal System is and how it operates. Not only did he get access to the courtroom but: Locallo’s chambers, staff, even his own home. In this book we get to read first hand account of how America handles issues like: how money and power play in the court, the favoritism towards certain ethnic groups, and the façade that has to be put on by both the defendants and Cook County Workers,
In July of 2008, one of the biggest crime cases devastated the United States nation-wide. The death of Caylee Anthony, a two year old baby, became the most popular topic in a brief amount of time. Caylee’s mother, Casey Anthony, became the main suspect after the child supposedly was kidnapped and went missing. To this day, the Casey Anthony case shocks me because justice, in my opinion, wasn’t served. I feel as if the criminal conviction system became somewhat corrupted in this case. The entire nation, including the court system, knew that Casey Anthony was behind this criminal act, but yet she escaped all charges. I chose this case not only because it’s debatable, but also to help state the obvious, this case was handled the wrong way. Clearly the legal system was biased, which worked in Casey Anthony’s favor, freeing a murderer.
Capital punishment and bias in sentencing is among many issue minorities faced for many years in the better part of the nineteen hundreds. Now it continues to spill into the twenty first century due to the erroneous issues our criminal justice system has caused many people to suffer. In the book Just Mercy authored by Bryan Stevenson, Stevenson explains many cases of injustice. Stevenson goes into details of numerous cases of wrongfully accused people, thirteen and fourteen year olds being sentenced to death and sentences of life without parole for children. These issues Stevenson raises bring to question whether the death penalty is as viable as it should be. It brings to light the many issues our criminal justice system has today. There
If that does not occur to the reader as an issue than factoring in the main problem of the topic where innocent people die because of false accusation will. In addition, this book review will include a brief review of the qualifications of the authors, overview of the subject and the quality of the book, and as well as my own personal thoughts on the book. In the novel Actual Innocence: When Justice Goes Wrong and How to Make It Right authors Barry Scheck, Peter Neufeld, and Jim Dwyer expose the flaws of the criminal justice system through case histories where innocent men were put behind bars and even on death row because of the miscarriages of justice. Initially, the text promotes and galvanizes progressive change in the legal
Garrett, Brandon. Convicting the Innocent: Where Criminal Prosecutions Go Wrong. Cambridge, MA: Harvard UP, 2011. 86. Print.
In America, every individual has the right to a fair trial, but how fair is the trial? When an individual is on trial, his or her life is on the line, which is decided by twelve strangers. However, who is to say that these individuals take their role seriously and are going to think critically about the case? Unfortunately, there is no way to monitor the true intentions of these individuals and what they feel or believe. In the movie, Twelve Angry Men, out of the twelve jurors’ only one was willing to make a stance against the others, even though the evidence seemed plausible against the defendant. Nevertheless, the justice system is crucial; however, it is needs be reformed.
At trial, your life is in the palms of strangers who decide your fate to walk free or be sentenced and charged with a crime. Juries and judges are the main components of trials and differ at both the state and federal level. A respectable citizen selected for jury duty can determine whether the evidence presented was doubtfully valid enough to convict someone without full knowledge of the criminal justice system or the elements of a trial. In this paper, juries and their powers will be analyzed, relevant cases pertaining to jury nullification will be expanded and evaluated, the media’s part on juries discretion, and finally the instructions judges give or may not include for juries in the court. Introduction Juries are a vital object to the legal system and are prioritized as the most democratic element in our society, aside from voting, in our society today.
“ ….Judgments, right or wrong. This concern with concepts such as finality, jurisdiction, and the balance of powers may sound technical, lawyerly, and highly abstract. But so is the criminal justice system….Law must provide simple answers: innocence or guilt, freedom or imprisonment, life or death.” (Baude, 21).
The New York Times bestseller book titled Reasonable Doubts: The Criminal Justice System and the O.J. Simpson Case examines the O.J. Simpson criminal trial of the mid-1990s. The author, Alan M. Dershowitz, relates the Simpson case to the broad functions and perspectives of the American criminal justice system as a whole. A Harvard law school teacher at the time and one of the most renowned legal minds in the country, Dershowitz served as one of O.J. Simpson’s twelve defense lawyers during the trial. Dershowitz utilizes the Simpson case to illustrate how today’s criminal justice system operates and relates it to the misperceptions of the public. Many outside spectators of the case firmly believed that Simpson committed the crimes for which he was charged for. Therefore, much of the public was simply dumbfounded when Simpson was acquitted. Dershowitz attempts to explain why the jury acquitted Simpson by examining the entire American criminal justice system as a whole.
The criminal trial process is able to reflect the moral and ethical standards of society to a great extent. For the law to be effective, the criminal trial process must reflect what is accepted by society to be a breach of moral and ethical conduct and the extent to which protections are granted to the victims, the offenders and the community. For these reasons, the criminal trial process is effectively able to achieve this in the areas of the adversary system, the system of appeals, legal aid and the jury system.
Neubauer, D. W., & Fradella, H. F. (2011). America’s courts and the criminal justice system (10th ed.). Belmont, CA: Wadsworth.
In its past, the United States justice system has focused on punishment and imprisonment and improving its ability to do so. Crime in the United States has generally been responded to with punishment and large amounts of imprisonment. This has resulted in an imprisonment rate currently standing at nearly 720 prisoners per every 100,000 citizens (“People, not prisoners”). To supply enough room for all these prisoners, approximately...
served. Moreover, an accused person who accepts a guilty plea in the early stage of the case saves the justice system a lot of money. Many of the additional punishment that is imputed onto an accused person derived from contradictory claims that lead to lengthy trials. Therefore, to punish a defendant for wasting the courts’ resources, the justice system causes that defendant to spend an excessive amount of time behind bars at the expense of American tax dollars. This is a ludicrous paradoxical situation which is softened with a plea deal. When the plea bargain is adduced, the justice system is telling the defendant that he is in the wrong and his chances of defending himself are quite slim, therefore he needs to accept his guilt, hencing facing a lighter sentence whereupon we all benefit.