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Importance of plea bargaining in the justice system
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Plea Bargaining, Sentencing, and Prison Growth
The United States of America’s judicial branch is one of three branches that make up the America’s core. This branch runs our Supreme Court and lower courts in America and without this branch our rights, freedoms, and civil liberties would never exist. America’s courts do more than just protect our rights; the courts also protects the United States citizens from criminals by putting them in jail/prison. There are some instances where jail or prison sentences are and aren’t needed and the courts rely on sentences where criminals serve time on either probation and or parole at the judge’s discretion. This could be simply due to the fact that the crime was not serious enough or that State/Federal
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prison systems are too full for non-violent crimes. This paper is based off of cited research and opinionated feedback about these key questions: 1. Plea bargaining. Why is it used by our court system? What are its benefits and problems? 2. Benefits of probation and parole. 3. How are states and the federal government dealing with prison growth demands? What can be done about the issue? Understanding these questions and how they apply to the criminal justice system will show some benefits that help the community and some flaws that need to be fixed. Plea bargaining. Why is it used by our court system? What are its benefits and problems? According to Seiter, R. P. (2014) “Plea bargaining can be defined as “an agreement in which the defendant enters a plea for a reduced sentence in comparison to the original sentence that can be a harsh fine or sentence.”(p.44.) This being said, usually defendants take plea bargains to avoid the full charge of the crime and having a possible chance of getting out of prison later on. Why it is used by our court systems is because of the benefits of plea bargaining. In an article by the American Bar Association, it states the benefits of plea bargaining in that “defendants can avoid time and cost of defending themselves at court, prosecution saves cost and time in a long trial, and the court system saves money and a burden of conducting a trial on every crime.” (2016) retrieved from http://www.americanbar.org/groups/public_education/resources/law_related_education_n etwork/how_courts_work/pleabargaining.html. Though plea bargains have benefits that save on cost, time, and lessening sentences for defendants, it does have potential problems. According to Seiter, R. P. (2014) “arguments against plea bargaining can begin by saying that it does not have the same outcomes as trials and that the process forces pleas of guilty from those not guilty as innocent people sometimes accept a plea bargain because they would rather not risk serving the full punishment.” (p. 44.) According to an article by Occupy Theory, another potential disadvantage of plea bargaining is “that it doesn’t provide any sort of benefits to defendants that are innocent.” (2014, April 24) retrieved from http://occupytheory.org/advantages-and-disadvantages-of-plea-bargaining/. These defendants who are innocent and don’t take the plea bargain could face potential risk of serving the original sentence if found guilty. These potential risks do pose a valid argument for change or reform of plea bargaining, but research doesn’t specify any reform or change in the near future. Benefits of probation and parole. What is probation and parole?
According to Seiter, R. P. (2014) Probation is “a prison sentence that is served/suspended on the condition that the offender follows the prescribed commitments and rules to no further crimes and live within a community” (pg.49) while Parole can be defined as “the conditional release of any inmate by a parole board prior to the expiration date of their original sentence so that the offender can serve the rest of their time out in the community.” (pg.160.) There are some benefits to probation and parole that help out both the justice system and community. In an article provided by NCBI, “the benefit of both probation and parole is that these sentences help transition offenders back into the community and provide potential forms of care and help such as relapse prevention, self-help groups, re-entry programs, maintain and finding a job, and be employed while on theses sentences.” (2016) retrieved from http://www.ncbi.nlm.nih.gov/books/NBK64141/. These benefits sounds like it improves the well-being of these offenders and to provide a basis or foot hold to living in a community. These programs also bring the potential chance of recidivism amongst these offenders to stop living the life of a criminal and living as a member of society. Lastly, in an article provided by U.S. Courts, “supervision by probation/parole officers in a community setting is more cost effective than traditional methods which saves money annually by roughly $23,000.” (2013, July 18) retrieved from http://www.uscourts.gov/news/2013/07/18/supervision-costs-significantly-less-incarceration-federal-system. Cost effectiveness is a huge benefit not only for probation and parole, but for the community. When combining cost effectiveness, chance to help offenders reenter the community normally, and the potential chance for offenders to have an increase recidivism against reoffending, than both probation and parole have huge benefits in
itself. How are states and the federal government dealing with prison growth demands? What can be done about the issue? The State and Federal government have been dealing with prison growth for quite some time and many issues on how to deal with growth have been presented. Prison growth has been up on the rise since “the 1980’s where the federal government pushed state and local governments to adopt the Tough on Crime policies that led to an increase in prisoners in less than a decade.” (2015). Retrieved from http://www.nonewprisons.org/prisons/. This looks like both State and Federal governments adopted these policies and those polices caused mass prison growth within a short period of time. What can be done about the issues to meet these growth demand in both State and Federal levels? As of now, many states are overcrowded and the only thing that is being done is to leave new offenders on the back bone of local jails. Just like the state of California where “a Supreme Court ruling in 2011 stated that California needed to reduce prison overcrowding by a two year plan by means of revising laws and prison sentences, out-of-state transfers, realignment of offenders by crimes, etc.” (2011, August 5) Retrieved from http://www.lao.ca.gov/reports/2011/crim/overcrowding_080511.aspx, other states have to adapt to prison growth by these means. According to a paper written by La Vinge, N., & Samuels, J., the Federal system, while different from the State system, can learn from the State system by “enhancing community correction capabilities, resources, budget costs, and look at revising laws.” (2012, December 11) retrieved from http://www.urban.org/research/publication/growth-increasing-cost-federal-prison-system-drivers-and-potential-solutions/view/full_report. Both State and Federal governments must adapt to these changes in order to see results that can help either build new prisons or find different alternatives that help ease prison growth demands.
2.) According to Judge Joseph Colquitt (2001: 706), “[t]o date, those who would abolish plea bargaining have been largely unsuccessful. In fact, some would argue that the battle against plea bargaining has been lost.” If you agree that the battle against plea bargaining has been lost, what steps would you take to ensure the fairness and constitutionality of plea bargaining practices in light of its inevitability, and if you disagree, then what steps would you take either to limit or eliminate plea bargaining?
This element is able to be used as an alternative to being in jail, or another form of punishment. It also works to deter further criminal activities and temptations, a means of punishment, and individually help the offender themselves. Unfortunately, there is evidence suggesting racial and gender disparities when it comes to probation. All in all, the proportion of black and white people based on their overall population size and percentage actually partaking in these punishments is very disproportionate. There are also disparities correlating between Hispanic as well, all of which is growing media attention. On the other hand when it comes to gender, females are treated differently than men. This is apparent when it comes to treatment and length of sentencing.
Cost effectiveness is an example of how community corrections have more of a positive effect on the community. One benefit of probation and parole is that is has a much lower cost. It costs roughly $1,300 per person a year for probation or parole. Having a person on probation or parole also puts money into the community. Another good benefit that parole and probation has is increased employment. Inmates in prison have work-release programs but they have low-paying jobs that require little skill. Parole and probation allows ex-inmates the opportunity to get full-time j...
Parole is a controversial issue because its vase ways to debate the challenges and problems that will exist. It’s like a side effect to medication based on one’s effectiveness belief. In like manner, the public media allows others who aren’t immediately effected to become tertiary, and secondary victims. It is the door to open opinions. An inmate is released from a sentence given parole and then assigned a parole and probation officer. The one thing that will make probation and parole successful is the supervision of the program and rehabilitation or residential treatment center. This will support the goal to maximize the good behavior and minimize the harmful behaviors of individuals. Probation is a good program because it’s a form of rehabilitation that gives inmates elevate space to obey rules and regulations. On the contrary, probation is risky just like any new diet plan that people use to
Parole is a privilege that allows criminals to be released from prison after serving a portion of their sentences. The main goal of parole is to rehabilitate the offenders and guide them back into society while decreasing the likelihood of recidivism. Generally, parole is granted after the offenders have served a portion of their sentence. While probation is an alternative way of sentencing or granted after a percentage of the sentence is served (Parole & Probation, 2013). There are terms and conditions that parolees must agree to when released, such as staying within state or county lines, passing drug and alcohol tests, and providing proof of residence and employment. The parolee’s parole will be revoked if he or she violates the conditions and return to prison.
Without proper motivation, many inmates may lose sight of their overall goal to improve their behavior. However, for the safety of the public, the requirements for parole should be strict enough to allow only the rehabilitated individuals out so there are less chances of violent re-offenders within the public. These constraints should serve only to filter out dangerous individuals, and should be flexible enough to provide the hope necessary to benefit offenders who are ethically ready to enter the general public. Furthermore, having the parole available to those who deserve it increased the overall compliance of inmates within prisons. Everyone deserves a second chance and probation should not serve to deprive offenders of that.
A probation system is an opportunity offered to offenders with minor crimes or good behavior in where the offender is not send to jail instead he/she is put it in probation in where they have to report to a police officer and they have to follow the court orders and cannot break the law. Usually probation is an opportunity for offenders to reintegrated with the community. The North Carolina Probation system is based on supervising the offenders and help them succeed. Also making sure that the offenders don't go back to prison or jail. The organization of the probation system is very similar to a corrections goal which is overall rehabilitation. Probation is not given to anyone, before an offender is place on probation a judge would look at all his criminals record, acts against
The United States Criminal Justice System has several options available when it comes to sentencing. Probation is one that we hear of most when it comes to first time offenders as well as juvenile offenders. John Augustus first developed probation in Boston in 1841. The first probation law was enacted in Massachusetts in 1878. By the 1990’s the juvenile justice system was far more effective as it began taking greater measures. In 2010, probation was used in approximately 53 percent of juvenile delinquency cases. Typically, probation sentences are circumstantial, and are imposed under very specific terms and conditions. These must be followed by the defendant unless he or she would like to return
Programs such as parole and probation have been introduced as alternatives to incarceration. These programs are designed for offenders who are not considered a hazard to society. Parole is typically granted towards the end of a sentence and probation commonly in place of one, but because the organization is overloaded, financially unstable, and carelessly managed, it often operates as well as a feeder organization, guaranteeing prison cells will not be unoccupied for long. Actually, according to a report compiled by the Pew Center for the States parole violators accounted for over a third of all prison admissions in 2005 and "half the US jai...
Sentencing is the process by which people who have been found guilty of offending against the criminal law have sanctions imposed upon them in accordance with that particular law. The sentence of the court is the most visible aspect of the criminal justice system’s response to a guilty offender. In Tasmania, the Sentencing Act 1997 was enacted to amend and consolidate the law relating to the sentencing of offenders. The crime rate in Tasmania is lower than it was 10 years ago but higher than it was 20 years ago. In the Australian context, Tasmania is below the national average of recorded crimes for the crimes of robbery, burglary and motor vehicle theft.
The United States criminal justice system is an ever-changing system that is based on the opinions and ideas of the public. Many of the policies today were established in direct response to polarizing events and generational shifts in ideology. In order to maintain public safety and punish those who break these laws, law enforcement officers arrest offenders and a judge or a group of the law offender’s peers judge their innocence. If found guilty, these individuals are sentenced for a predetermined amount of time in prison and are eventually, evaluated for early release through probation. While on probation, the individual is reintegrated into their community, with restrict limitations that are established for safety.
Plea-bargaining, used in ninety percent of criminal convictions in the United States criminal justice system today is the exchange of prosecutorial and legal concessions for pleas of guilty. Generally, a defendant in a criminal trial will enter “one of three pleas: guilty, not guilty, or nolo contendere.” Nolo contendere, otherwise known as no contest has the same effect as a guilty plea, which means the defendant is convicted and accepts punishment but does not admit guilt (lawyers.com). But in the plea-bargaining process, which aims to avoid trial because of costs and time, a defendant and his or her defense attorney may negotiate with the prosecutor for one of four different bargains. In the first type of deal, the prosecutor may reduce
It is all too often judges are faced with convoluted challenges. One of those challenges is when they lost their discretion to mandatory sentences. This not only negatively effects the judges, it also effects the average citizen in a negative manner. Furthermore, the aftermath of mandatory sentencing is even more devastating, due to, it assisting in overcrowding prisons with minor offenders. Another issue that has risen, due to, mandatory sentencing is the racial divide in prisons. The next topic discussed will be a possible future if this law doesn’t change. Getting to the main point, mandatory sentencing has quickly become a mandatory dilemma in the United States.
Judicial discretion was prevalent over the first half of the last three decades, but has been regulated by legislature since 1984. Discretion by definition is the authorization of deciding as one thinks fit, absolutely or within limits (Ntanda, 1999). Indeterminate sentencing, traditionally, has afforded judges considerable discretion over the resolve of criminal sentencing. “While such discretion theoretically allows judges to tailor sentences to the circumstances of individual crimes and criminals, thereby achieving a sort of ex post fairness, it also permits variation in sentences that may not be warranted by the observable facts of the case, reflecting instead the judge’s own preferences” (Miceli, 2008, p.207). The punishment range of a defendant is typically based on the seriousness of the offense as well as the defendant’s criminal history which is dictated by sentencing guidelines. Judges, with few exceptions, are bound to select a sentence from the aforementioned range; however, as judges do retain some discretion it is the legislature that controls much of the sentencing as they establish the guideline that judges are to utilize.
...ernment. On the other hand, probation is a judicial function. Also, parolees have already spent time in prison before being released into to the community while probationers usually haven’t (in most states). In some jurisdictions, both are supervised by state employed officers or agents, while in others they are supervised by separate probation or parole agencies (Stohr, Walsh, & Hemmens, 2013, p.270). Parole and probation officer (sometimes these jobs are combined in some jurisdictions) have two common roles: to protect the community and to assist the probationers/parolees to become more productive, law-abiding members of the community. This dual role makes them both law enforcement officers as well as social workers.