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Problems with the judicial system
Weaknesses in the justice system
Social effects of mass incarceration
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“Our criminal justice system is fallible. We know it, even though we don 't like to admit it. It is fallible despite the best efforts of most within it to do justice. And this fallibility is, at the end of the day, the most compelling, persuasive, and winning argument against a death penalty.” -Eliot Spitzer
Plea bargains are exceptionally normal in the American legal system, representing about 90% of all criminal cases. However, many countries do not allow plea bargains because they are being considered as unethical and immoral. A plea bargain comes with many pros and cons. Many people tend to take the plea deal thinking that they would decrease their sentencing not knowing that plea bargains are quite complicated and doesn 't simply rely on one 's guilt or innocence. Plea bargains are regularly alluded to as truly simply setting up a "shared affirmation" of the case 's qualities and shortcomings, and don 't
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Paul Butler believes that the criminal justice system uses the system for the wrong reasons. The United States has one of highest incarceration rates in the world and the highest according to peer economies. You would never know that there 2.5 million people in prisons. Book TV interviewed Georgetown Law Center professor Paul Butler about his book, "Let 's Get Free: A Hip-Hop Theory of Justice." Butler talked about his life as a federal prosecutor and his decision to leave the job after being wrongfully arrested and charged with assault. Butler writes that “I became a prosecutor because he hates bullies I stop being a prosecutor because I hate bullies.” Growing up Butler heard that prosecutors had “power” the way to make a change is to make change from the inside. Butler states that rather than change the system the system change him. The way you move ahead in a prosecutor’s office is to lock up as many as you can as long as you
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.
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
...instead of 25 years if they pleaded guilty. (Wan 37) In addition, money can become a reason for defense attorney to encourage pleading guilty. Private defense attorney may want to spend more effort in cases where they have more possibility of winning and thus getting more money, and public defenders find pleading guilty an effective way to move through cases quicker. (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 bargain reduces their caseload, and elevates their reputation indirectly because accepting a plea bargaining also includes waiver of appeal to higher courts. (Mohr 6)
The court system is set up to deter the person specifically from a crime but also as a general deterrent to prevent the public from committing the same crime. With certain crimes, such as impaired driving, an accused may be given a stiffer penalty if found guilty than if taking a plea as the courts will want to prevent others from committing the same act and will give a harsh penalty as a warning to the public that the courts take this offence seriously. If an accused is a repeat offender, their sentence will become increasingly strict as their record lengthens. The courts will want to impose a specific deterrent and will give a harsher punishment as a means to cause the accused think twice about committing the act again. Therefore, pleading down to a lesser charge will help the accused to avoid the harsher
Texas houses the largest prison population in the nation (National News). I am not surprised by this statement. I agree with Tarrant County Sheriff Dee Anderson’s statement, "Texas has always been a law and order state, and the prison system has been known as a tough system”. In my opinion, Texas has high crime statistics because of the high rate of re-offenders. According to the National Criminal Justice Reference Service, “four of ten offenders released from prison will be reincarcerated after three years”. Offenders are leaving prison without being rehabilitated for the crime they committed.
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,
Sentence bargaining sometimes occurs in high profile cases where the prosecutor does not want to reduce the charges against the defendant, usually for fear of how the newspapers will react. A sentence bargain may allow the prosecutor to obtain a conviction to the most serious charge, while assuring the defendant of an a...
Plea bargains are a common practice in the criminal justice system. It is what the lawyers on Law & Order love to throw out on a whim, multiple times in an episode. In reality, plea bargains are used to help avoid a lengthy and complex trial, while still serving justice and giving the public peace of mind. A common belief from viewers of law enforcement television shows and movies is that a plea bargain is an ‘easy out’ and should be the default choice. This is not always the case. In fact, plea bargains may not be as helpful as some people believes. Some people want to know, are plea bargains as useful as they once were? Or are they just used to inflate lawyer’s egos and propel a power trip?
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...
Edward I. Koch uses his essay “The Death Penalty: Can It Ever Be Justified?” to defend capital punishment. He believes that justice for murderous crimes is essential for the success of the nation. The possibility of error is of no concern to Koch and if would-be murderers can be deterred from committing these heinous crimes, he feels the value of human life will be boosted and murder rates will consequently plummet (475-479). Koch makes a valiant effort to express these views, yet research contradicts his claims and a real look at his idea of justice must be considered in order to create a fair nation for all.
...ed United States. U.S. Government Accounting Office. Capital Punishment. Washington: GPO, 1994 Cheatwood, Derral and Keith Harries. The Geography of Execution: The Capital Punishment Quagmire in America. Rowman, 1996 NAACP Legal Defense Fund . Death Row. New York: Hein, 1996 "Ex-Death Row Inmate Cleared of Charges." USA Today 11 Mar. 1999: 2A "Fatal Flaws: Innocence and the Death Penalty." Amnesty International. 10 Oct. 1999 23 Oct. 1999 Gest, Ted. "House Without a Blue Print." US News and World Report 8 Jul. 1996: 41 Stevens, Michelle. "Unfairness in Life and Death." Chicago Sun-Times 7 Feb. 1999: 23A American Bar Association. The Task Ahead: Reconciling Justice with Politics. 1997 United States. Federal Bureau of Investigation. Uniform Crime Report. Washington: GPO, 1994 Wickham, DeWayne. "Call for a Death Penalty Moratorium." USA Today 8 Feb. 1999: 17A ILKMURPHY
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
One of the most repetitive and controversial topics discussed in the criminal justice system, is the death penalty. Capital punishment has been a part of our nation’s history since the creation of our constitution. In fact, as of January 1st, 2016, 2,943 inmates were awaiting their fate on death row (Death Penalty Information Center). Throughout my life, I have always been a strong advocate for the death penalty. During the majority of my undergraduate degree, I was a fierce supporter of capital punishment when discussing the topic in classes. However, throughout many criminal justice courses, I found myself in the minority, regarding the abolishment of the death penalty. While debating this topic, I would always find myself sympathetic to the victims and their families, as one should be, wanting those who were responsible for heinous crimes to
Americans have argued over the death penalty since the early days of our country. In the United States only 38 states have capital punishment statutes. As of year ended in 1999, in Texas, the state had executed 496 prisoners since 1930. The laws in the United States have change drastically in regards to capital punishment. An example of this would be the years from 1968 to 1977 due to the nearly 10 year moratorium. During those years, the Supreme Court ruled that capital punishment violated the Eight Amendment’s ban on cruel and unusual punishment. However, this ended in 1976, when the Supreme Court reversed the ruling. They stated that the punishment of sentencing one to death does not perpetually infringe the Constitution. Richard Nixon said, “Contrary to the views of some social theorists, I am convinced that the death penalty can be an effective deterrent against specific crimes.”1 Whether the case be morally, monetarily, or just pure disagreement, citizens have argued the benefits of capital punishment. While we may all want murders off the street, the problem we come to face is that is capital punishment being used for vengeance or as a deterrent.
“An eye for an eye, a tooth for a tooth” is how the saying goes. Coined by the infamous Hammurabi’s Code around 1700 BC, this ancient expression has become the basis of a great political debate over the past several decades – the death penalty. While the conflict can be whittled down to a matter of morals, a more pragmatic approach shows defendable points that are far more evidence backed. Supporters of the death penalty advocate that it deters crime, provides closure, and is a just punishment for those who choose to take a human life. Those against the death penalty argue that execution is a betrayal of basic human rights, an ineffective crime deterrent, an economically wasteful option, and an outdated method. The debate has experienced varying levels of attention over the years, but has always kept in the eye of the public. While many still advocate for the continued use of capital punishment, the process is not the most cost effective, efficient, consistent, or up-to-date means of punishment that America could be using today.