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
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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
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).
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
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”
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,
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
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...
A negotiation, a contract, and many more ways used to describe the Criminal Justice System’s notion of plea bargaining. Plea bargaining has been around for a long time, but it is not until recent times that the use of a plea bargain has become a common practice. Defendants are given the chance to plead guilty for a lesser sentence and thus waive their right to trial. However, certain concerns relating to the actual guilt of defendants and the professionalism of the attorneys assigned to a case arise from an ethical stand point. Solutions offered to improve the practice of plea bargaining are often in two extremes. In one extreme, some argue for abolishment. In the other extreme, some state that plea bargaining simply needs to be reformed.
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 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.
...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.
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