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Disadvantages of plea bargaining
The use of plea bargaining in our criminal justice system
The use of plea bargaining in our criminal justice system
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Plea bargaining is an arrangement made by both the prosecutors and defense attorneys to have the offender plead guilty to a charge accused of and expecting a lighter sentence than if the offender were to go to trial. A plea bargain is very common in most court cases due to the promise of some form of leniency. When an offender pleads guilty it is the prosecutor's duty to fulfill the promise they made to the offender. Plea bargaining is a long process that takes both parties of a case to agree on a sentence. A plea bargain is not if you are innocent or guilty, the deal is to plead “guilty” for the lesser charge.
Plea bargaining has its benefits from both parties of a case. A criminal offender may receive a lighter sentence than the maximum when accepting the plea bargain. Also, when a plea bargain is made it is good for the prosecutor's office and public
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defender because, each case reduces the loads of cases public defenders and prosecutors are given. When a plea bargain is made the case is finally over. Also costs of a private defender, the more appearances the defense attorney has to make in court the more the offender has to keep paying. Plea bargaining is extremely controversial, for one whether the offender is guilty or not, is not important.
Many offenders feel pressured into taking a plea bargain, when a prosecutor gives a plea bargain most of the time there is a problem with the case, and pleading guilty is on one's record forever whether they committed the crime or not. Although being guilty or innocent is important it is not the subject in a plea bargain. When an offender is offered the plea bargain sometimes they are either pressured into taking it by the prosecutor, public, family, or most of the time defense attorneys. When prosecutors offer plea bargains there are usually something wrong with the case for example they do not have enough evidence or the witness is not credible or present, sort of like the Kalief Browder case. In the Kalief Browder case there was no evidence and no credible witness which is why they offered a plea bargain lesser than the maximum if Kalief was to go to court. When an offender pleads guilty they are marked forever. A guilty plea can never be taken back or away, it remains on a person’s record
forever. Public perception of plea bargaining is different for each individual. Many people look at the benefits of rather than the disadvantages of it. There are many people who agree with giving someone the plea bargain option others do not because only 4% of criminal cases in the United States go to trial because many offenders take the plea bargain fearing that if they are found guilty in trial they will have to spend the maximum sentence in prison. The legal requirements in a plea bargain are made by the prosecutor’s office. To take the plea bargain the defender must plead guilty to one or more of the charges charged with and the guilty charge will be on their record forever. In the process of making a plea bargain the prosecutors maintain the significant control over the outcome. Prosecutor come up with the plea bargain. For example in a criminal case the offender killed his wife he is looking at a death sentence. By agreeing to the plea bargain he will be avoiding the death penalty and looking at twenty to life given by the prosecutor. A judge’s role in a plea bargain is to not get involved in a negotiation and to speak to the offender to ensure that it is the offenders choice to take the plea bargain and not anyone else’s. To ensure that the offender was not pressured and fully understands the terms and outcomes of a plea bargain. A defense attorney’s role in a plea bargain is to negotiate with the prosecutor for a lesser or lighter charge. Also to clarify to their client (offender) the terms and policies of taking a plea bargain. Also advising them on their choice on whether to take the plea or not. A plea bargain has its pros and cons however it should solely be the offender’s decision on whether to take it or not.
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
middle of paper ... ... (Mohr 6) For prosecutors, “guilty pleas avoided ‘onerous and protracted’ trials whose outcomes – ‘losing’ or ‘having to oppose an appeal to the higher courts’ – were both undesirable.” (Smith 134) Finally for judges, plea bargaining reduces their caseload, and elevates their reputation indirectly because accepting a plea bargaining also includes waiver of appeal to higher courts. (Mohr 6) Criticism of plea bargaining mainly stems from two aspects.
Plea bargaining is a tool used in the court system for the benefit and detriment of the accused for numerous reasons. Additionally, the Crown will use plea bargaining for their benefit as well. For the purposes of this paper I intend to focus on the benefits and risks for an accused person to accept a plea bargain.
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”
When an offender is sentenced to imprisonment, post sentencing considerations must be made based on an evaluation of the individual and this will determine the manner in which the prison sentence is served. Post sentencing considerations include security classifications, parole and continued detention orders. These offer different levels of incapacity, accessibility of rehabilitation programs and incentives for good behaviour, and are implicated in order to achieve justice through upholding the rights of the victim, the offender and the wider community.
Plea bargaining saves the court a lot of time by a case not going to trial. If the case doesn’t go to trial it also saves the criminal justice system a lot of money (CJ Interactive Multi-Media, 2014). This allows for the local, state, or Federal government to save on resources they would need to use if every case went to trial. It also saves on how much resources needs to go into the criminal justice system (CJ Interactive Multi-Media, 2014). The courts are all ready over loaded with cases and many have become extremely backlogged. By people plea bargaining it helps resolve the case faster and helps bring down the number of back logged cases in court. A plea bargain also saves on all parties having to go through a trial (CJ Interactive Multi-Media, 2014). Some trials can take up to several months and the outcome of the trial is very unpredictable. Plea barging can also help law enforcement get information they can use about other criminal activities (CJ Interactive Multi-Media,
Carcasses attract scavengers. The Guilty Party by O. Henry showcases the untimely death of a girl of twelve, Liz. Above Chrystie Street on the east side, a strange bird stalks the children of the playground. Although people say it’s a stork, locals call it a vulture. In this case, Liz is the carcass that the vulture sets its eyes on.
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...
Plea-bargaining constitutes one of the staples of the American Criminal Justice system. The practice entails an agreement between the prosecutor and the defendant in criminal cases where for the most part the defendant forgoes his trial by pleading guilty to his respective charges. By pleading guilty, the defendant receives a less severe charge compared to the original. The plea by the defendant saves an enormous amount of time for both parties since they do not allocate resources in order to prepare for trial. Similarly, the availability of money is also a factor of the plea-bargaining practice because instead the defendants can save a substantial amount of money the trial might cost.
Throughout the years there has been limitless legal cases presented to the court systems. All cases are not the same. Some cases vary from decisions that are made by a single judge, while other cases decisions are made by a jury. As cases are presented they typically start off as disputes, misunderstandings, or failure to comply among other things. It is possible to settle some cases outside of the courts, but that does require understanding and cooperation by all parties involved. However, for those that are not so willing to settle out of court, they eventually visit the court system. The court system is not in existence to cause humiliation for anyone, but more so to offer a helping hand from a legal prospective. At the same time, the legal system is not to be abuse. or misused either.
The dynamic of a win-lose bargaining situation can cause negotiations to be exceedingly tense and volatile because only one side will gain at the end of these type of negotiations. This makes the concept of distributed bargaining controversial. Michael Wheeler, the author of the article, Three cheers for teaching distributive bargaining, discusses how many professors at an Academy of Management conference disapproved of distributive bargaining negotiation tactics. Wheeler explains, a huge majority of the attendees disapproved of exposing their impressionable pupils to the reality that in some negotiations, more for one party means less for the other” (Wheeler, 2012). The reluctance to teach the distributive bargaining tactic may be due to the fact that most teachings on negotiation skills are centered around the notion of all parties coming out of a deal with something they want.
Negotiation is a fundamental process used in resolving conflicts, making business deals, and in managing working relationships with others. Negotiations occur for two reasons: (1) to resolve a problem or dispute between parties, or (2) to create something new that neither party could do on its own.
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
The statement "It is better that 10 guilty persons escape than that one innocent suffer" summarises and highlights the mistakes and injustices in the criminal justice system. In a just society, the innocent would never be charged, nor convicted, and the guilty would always be caught and punished. Unfortunately, it seems this would be impossible to achieve due to the society in which we live. Therefore, miscarriages of justice occur in the criminal justice system more frequently than is publicised or known to the public at large. They are routine and would have to be considered as a serious problem in our society. The law is what most people respect and abide by, if society cannot trust the law that governs them, then there will be serious consequences including the possible breakdown of that society. In order to have a fair and just society, miscarriages of justice must not only become exceptional but ideally cease to occur altogether.
Negotiation is an important strategy and plays an indispensable role for people to solve the problem in our lives. It is a good way to make both parties find acceptable solution by each parties use tactics to persuade another party to approve his or her viewpoint. The application of the advanced negotiation skills definitely not only brings success in our daily life but also improve people’s work ability. This essay will show my natural preferences for different types of influence tactics which have been utilized in in-class, the understanding of the negotiation and analyze how to use proper tactics at different situations which are based on the role-play activity in tutorial.