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Disadvantages of plea bargaining
Plea bargaining appears to result from several overriding factors
Importance of plea bargaining
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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. Theoretically, with the majority of criminal cases using
Therefore, the argument supports the idea of plea-bargaining hurting the justice system. The thinking behind this is “since both the defense and prosecution parties depend on their power to negotiate a deal, instead of winning a trial, the justice system might suffer, ” (15 Serious Advantages and Disadvantages of Plea Bargaining, n.d.). Since plea-bargain relies on a mutual agreement, defendants plead guilty in exchange for a lighter sentence, which means that theoretically the system built on the thought of “ let the punishment fit the crime,” sacrifices punishment in exchange for less trials throughout the year. Although plea-bargaining might offer leeway for some offenders, the criticism fails to consider that plea-bargaining usually reduces sentences, while not completely eliminating sentences. Evidently, the practice still holds citizens accountable for their actions, while simultaneously punishing them. Although, in theory, plea-bargaining could potentially hinder the justice system and might offer leeway to criminals, in practice it helps the courts to operate in a more efficient manner. Given these points, the practice may have its deficiencies, however, the practice has space to for change and thus should removed because the justice system relies on plea-bargaining in order to
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
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
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
Criticism of plea bargaining mainly stems from two aspects. First, on the defendant’s aspect, a plea bargain can coerce
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
Some unusual scenarios have come about due to these laws, particularly in California; some defendants have been given sentences of 25 years to life for such petty crimes as shoplifting golf clubs or stealing a slice of pizza from a child on the beach or a double sentence of 50 years to life for stealing nine video tapes from two different stores while child molesters, rapists and murderers serve only a few years. As a result of some of these scenarios the three strikes sentences have prompted harsh criticism not only within the United States but from outside the country as well (Campbell). Many questions have now arisen concerning the “three strikes” laws such as alternatives to incarceration for non-heinous crimes, what would happen if the state got rid of “strikes” and guaranteed that those convicted of a serious crime serve their full sentence? It is imperative to compare the benefits and the costs and the alternatives to incarceration when de...
This paper will be focusing on the courts as the specific sub-system in the criminal justice system. As said in the book the court system is responsible for charging criminal suspects, carrying out trials, and sentencing a person convicted of a crime. The fear of crime influences criminal justice policies in the court system. One way it does this is with the courts sentencing. Courts are able to give out severe punishments as a method of deterrence. This specific type of deterrence would be general deterrence. The book says that general deterrence theory should work if the punishment is clear, severe, and done swiftly. According to this theory, crime rate should drop because people will fear the punishment. The other way fear of crime influences
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.
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...
DELIBERATING CRIME AND PUNISHMENT: A WAY OUT OF GET TOUGH JUSTICE? Criminology & Public Policy, 5(1), 37-43. Retrieved November 23, 2010, from Criminal Justice Periodicals. (Document ID: 1016637721).
The system has gone as deep as to making it so that even if a person has not committed a crime, but is being charged for it they can agree to a plea bargain, which makes it so even though the person did not do it the system is going to have them convicted of it anyway (Quigley 1). “As one young man told me ‘who wouldn’t rather do three years for a crime they didn’t commit than risk twenty-five years for a crime they didn’t do?” (Quigley 2). The criminal justice system has scared the majority of the population into believing that even though they did not commit a crime, they are convicted of it.
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.
Collin, in regards to your response to question number two, I also found the number of people that took guilty pleas to be really high. In the textbook, it “compared the choice for defendants in plea bargaining to a threat at gunpoint” (Samaha 339). In other words, the defendants don’t have much choice and usually pick the deal that has the least amount of risk or punishment. This means in a lot of cases, innocent people plead guilty for fear of getting an even longer punishment for a crime they didn’t do. I found an article from the Los Angeles Times (linked below) that expanded on the decisions that defendants have during their cases. It told the story of a man who pleaded not guilty. After, the judge determined that he was too dangerous
Before proposing a reform to the American criminal justice system, we must first examine the problems that plague the process of justice on all levels. American society plays an important role in shaping the criminal justice system. Their beliefs and values determine the type of deviants and the consequences of the crimes. Often their beliefs contradict each other.