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The role of a prosecutor
The role of a prosecutor
The role of a prosecutor
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When people plea bargain in a trial it creates kind of a shallow grey area between how the criminal justice system is practiced and how it happens in real life. Plea bargaining is when the defendant chooses to plead guilty in hopes of a charge that will not be as bad, due to leniency, after a pre-arrangement between the defendant and prosecutor. Once the guilty plea is taken, instead of having the main attention on what happens with the judge and the jury, it shifts to what goes on with the defense counsel and prosecutor. In the United States plea bargaining has developed to be accepting, and is actually common now-a-days. This happens most when a counter offer has been made between the prosecutor and the defense council. For example, when
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
6-9. When the litigants settle their case by compromise, let the magistrate announce it. If they do not compromise, let them state each his own side of the case, in the comitium of the forum before noon. Afterwards let them talk it out together, while both are present. After noon, in case either party has failed to appear, let the magistrate pronounce judgment in favor of the one who is present. If both are present the trial may last until sunset but no later.
A plea bargain is compliance between a prosecutor and defendant in which the accused offender agrees to plead guilty in return for some compromise from the prosecutor. The New Jim Crow, explains how most Americans have no clue on how common it is for people to be prosecuted without proper legal representation and are sentenced to jail when innocent out of fear. Tens of thousands of poor people go to jail every year without ever talking to a lawyer that could possibly help them. Over four decades ago, the American Supreme Court ruled that low-income people who are accused of serious crimes are entitled to council, but thousands of people are processed through America’s courts annually with a low resource lawyer, or no lawyer at all. Sometimes
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.
The job of a criminal lawyer is quite difficult. Whether on the defense or the prosecution, you must work diligently and swiftly in order to persuade the jury. Some lawyers play dirty and try to get their client off of the hook even though they are guilty without a doubt. Even though the evidence is all there, the prosecution sometimes just can’t get the one last piece of the puzzle to make the case stick and lock the criminal up. Such is the case Orenthal James Simpson.
If the defendant is restored to competency and returned to court, they probably will accept the same plea bargain. The degree of competency required of the defendant should be relatively modest when making a guilty plea imposes minimal consequences on the defendant. When consequences could be more substantial, like a felony conviction carrying a lengthy prison sentence, the degree of competency required to plead guilty should be higher. In cases which defendants seek to plead
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”
The National Advisory Commission on Criminal Justice Standards and Goals set a limit that each criminal defense attorney can take 150 felony cases per year, but “caseloads of 500, 600, 800, or more are common” (“Five Problems”). With that, criminal defense attorneys are forced to triage or reject cases, leaving potential clients to go to court without representation. If the defendant does have a public attorney, their defense is unprepared and vulnerable to make mistakes when working out a reasonable sentence. In one of his cases, Jones and his client accepted a deal with the prosecution for a three year sentence for stealing locks. Upon further investigation, the prosecution discovered that they made a mistake in calculating the minimum sentence – Jones’s client should have only served “366 days,” but it was already too late (Eckholm).
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.
...caseloads, and more often than most realize they may plea-bargain a case that in fact should be prosecuted. I have no intentions of trying to judge their actions, simply because I truly appreciate the position they are in.”
The use of evidence and witnesses is a mechanism in which the law attempts to balance the rights of victims and offenders in the criminal trial process. Evidence used in court are bound by the Evidence Act 1995 (NSW) and have to be lawfully obtained by the police. The use of evidence and witnesses balance the victims’ rights to a great extent. However, it is ineffective in balancing the rights of offenders. The law has been progressive in protecting the rights of victims in the use and collection of evidence and witness statements. The Criminal Procedure Amendment (Domestic Violence Complainants) Bill 2014, which amends the Criminal Procedure Act 1986, passed the NSW Legislative Council on 18 November 2014. The amendment enables victims of
For instance, Dr. Kruse, John states in his article, “attorneys and scholars predicted that banning plea bargaining would result in…jamming the courts and creating huge backlogs” (28). This idea seems very logical, but before Dr. Kruse became to this conclusion, he should have supported the idea with research. According to an article titled Alaska 's Plea Bargaining Ban Re-evaluated, “disposition times for criminal cases actually improved” (1). There are many factors why the disposition times improved. One of them is Prosecutors start trying defendants when they have evidence which is beyond a reasonable doubt rather than probable cause. As the research showed in the Alaska state, they have not had and any huge backlogs.
...ct that in less serious crimes the defendant will plead guilty in order to receive a better deal.
The criminal justice system is composed of three parts – Police, Courts and Corrections – and all three work together to protect an individual’s rights and the rights of society to live without fear of being a victim of crime. According to merriam-webster.com, crime is defined as “an act that is forbidden or omission of a duty that is commanded by public law and that makes the offender liable to punishment by that law.” When all the three parts work together, it makes the criminal justice system function like a well tuned machine.