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Plea Bargaining Literature Review
Plea Bargaining Literature Review
The use of plea bargaining in our criminal justice system
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When it comes to the accuracy of emotions, Naz failed in controlling his emotions while making the plea deal decision. Even though his decision of rejecting the plea deal turned out to be the right choice, he did not follow the factors of making an effective decision. Furthermore, Naz’s accurate intuition was shown in his belief that he did not commit the murder, which turned out to be right. Before rejecting the plea deal, Naz agreed to all the crimes he committed including the murder by answering “yes” to all the D.A.’s questions. However, when he was asked to admit to the murder crime using his own words, he could not do it. He paused for a minute, then said that he did not kill her. Even though Naz did not remember parts of what happened that night, and he had no evidence at the decision time, he had an accurate intuition that he was incapable of committing manslaughter. Despite the fact the Naz was an honored student, he was not familiar with the court process. He showed in the earliest episode that he did not know his right of an attorney. This was a new horrible experience for Naz. In fact, Naz used his previous experience when his lawyer Crowe told him to take the deal, in dealing with his previous lawyer, Stone who came just before the hearing to advise Naz to take the deal. He quietly acknowledged that both lawyers are behaving in the same way. They both assumed …show more content…
In this case study, Crowe was believing that she knows what is the best choice for Naz. Crowe was believing that she understands Naz’s case better than anyone else, and she is smart enough to get the plea deal for Naz. Based on Naz’s case circumstances, at the time of rejecting the plea deal, the best option for Naz is to take the deal. Even though Stone, in later episodes, keeps looking for evidence that supports Naz, at the time of the hearing, acted the same way as
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
The Judge had a second chance of making the defendants aware that Vinny may not be the best qualified at preliminary hearing. When once again Vinny was not ready to go through the process of trial. There is an unwritten requirement of a certain dress code as well as behavior in a court room. Which, Vinny is unprepared to deal with at this point of the movie. Vinny did not take the time to cross examine any of the witnesses or question any of the perceived facts
John smith, the accused, stood up in the courtroom and started yelling at the judge about what he thought of his innocence irrespective of the decision that the judge would make. He also cursed the prosecutor and kept quiet when his lawyer warned him of the negative consequences that would follow if he continued with the same behavior. Smith did not answer any question that the judge asked him. The prosecutor indicated that he had observed similar behavior when he interviewed him, in jail.
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?
Guilty or not guilty? This the key question during the murder trial of a young man accused of fatally stabbing his father. The play 12 Angry Men, by Reginald Rose, introduces to the audience twelve members of a jury made up of contrasting men from various backgrounds. One of the most critical elements of the play is how the personalities and experiences of these men influence their initial majority vote of guilty. Three of the most influential members include juror #3, juror #10, and juror #11. Their past experiences and personal bias determine their thoughts and opinions on the case. Therefore, how a person feels inside is reflected in his/her thoughts, opinions, and behavior.
This report is on a movie called, “12 Angry Men.” The movie is about 12 men that are the jury for a case where a young man is being accused of killing his father. A major conflict that is very obvious is the disagreement on whether the young boy was guilty or innocent. After court when all of the men sat down to begin their discussion Courtney B. Vance (#1) Took charge and respectfully was now the leader. He asked what everyone’s votes were and all of the men except for Jack Lemmon (#8) voted the young man was guilty. Because Jack was the odd one that chose differently than the rest of the men, all of the other Jures, were defensive about the evidence just because they were all so confused. Courtney B. Vance took charge once again and calmly stated that everyone has their rights and lets have everyone explain the reasons why they thing the child is guilty or not guilty. Ossie Davis (#2) explained why he voted guilty. While explaining this he was very calm and wise. HE handled conflicts in the same way. Next was George C. Schott (#3) He also voted guilty. George was very st...
Every once in awhile, a case comes about in which the defendant confesses to a crime, but the defense tries to argue that at the time the defendant was not sane. This case is no different; the court knows the defendant is guilty the only aspect they are unsure about is the punishment this murderer should receive. The State is pushing for a jail sentence and strongly believes that the defendant was sane at the time of the murder. It is nearly impossible for the defense to prove their evidence burden of 51%. The State claims that the defendant was criminally responsible at the time of the murder. By using excessive exaggeration, premeditation and motive, the Prosecution will prove that the defendant knew exactly what he was doing and how wrong it was.
He based his guilty verdict on the logical information provided in the courtroom. He continued to feel this way until later in the movie when he changed his appeal to pathos. The decision to change his mind was caused by the other jurors starting to change their minds. As the one juror that felt the boy was innocent continued to try and convince the others that there was a chance that they could all be wrong, most of the jurors were starting to see the possibility. Every time there was a new reason why he could be innocent, each juror had more to think about.
In some situations, Individuals or a group of people can achieve justice and thus, make changes for others. In “Gideon’s Trumpet,” for instance, after being found guilty, Gideon appeals to the Supreme Court stating that his right to have a counsel had been violated. The Court agrees to hear the case, and it turns out that the State of Florida was appointing counsel only in “special circumstances” over the years and if they change the rule many people would be freed. That happens, but Gideon is not freed and is having a new trial instead with a lawyer. He was able to prove that Gideon was not the one who committed the crime but the man who gave testimony saying that he saw Gideon doing it, is guilty of it. In this way, Gideon achieves justice and changes the rule for others like him. Another example is seen in “A Few Good Men” where LT Kaffee with Cmdr. Galloway tries to do an investigation. At first, LT Kaffee doesn’t want to find out new details of the case and is tend to a plea bargain, which is an agreement in a criminal case between the prosecutor and the defender to accept guilt. However, Cmdr. Galloway can convince him to go into details. Thanks to her, they find out that “Code Red” was ordered and LT Kaffee can make Col. Jessep accept that he ordered it. Thus, due to the
One of the main factors in wrongful convictions, tunnel vision, has been recognized by psychologist as a human tendency to quickly convict a suspect so that society feels safe. Although tunnel vision is seen as a natural instinct it can convict innocent individuals and weaken the criminal justice system . Jerome Frank, a judge in the United States Circuit Court of Appeals explored the causes of wrongful convictions and noted that in 36 cases tunnel vision was a significant factor in the conviction of innocent individuals. As demonstrated, tunnel vision is a prevalent factor and may affect cases resulting in judges and juries convicting wrong suspects. However, the human tendency towards tunnel vision is a distinctive feature of an individuals psychological characteristics. Psychologist view tunnel vision as the product of cognitive biases. These natural biases explain why tunnel vision is common even amongst respected legal enforcers and honest justice systems. Although tunnel vision is a common natural tendency, it can be altered and lead to the conviction of innocent individuals.In situations when a high profile case is
Schulz present’s in her article that “Making a Murder” attempts to point out that it’s concern over the jury finding with certainty that Steven Avery had committed the murder when there is some evidence that he did not commit the
If given this prompt at the beginning of this semester I would have answered with a resounding yes, the criminal justice system is racist. The classes I have previously taken at LSU forced me to view the criminal justice system as a failed institution and Eric Holder’s interview in VICE - Fixing The System solidified that ideology. The system is man-made, created by people in power, and imposed on society, so of course there will be implicit biases. The issue is that these internally held implicit biases shaped the system, leading the racial and class disparities. VICE – Fixing The System addressed heavily the outcomes that we see in today’s society based on these implicit biases. Additionally, this documentary focuses on the ways that mainly
Jurors opinions can be influenced by an emotional testimony. Deborah W. Denno’s article Neuroscience, Cognitive Psychology, and the Criminal Justice System is the Ohio State Journal of Criminal Law’s publication of a panel at the 2009 Annual Meeting of the Association of American Law Schools. The panel had three goals: “examine the interrelationship between neuroscience and substantive criminal law; to incorporate criminal procedure more directly into the examination in a way that past investigations have not done; and to scrutinize cognitive bias in decision-making,” (Denno
The reason for these reactions is due to the fact that jurors are all influenced by different decision making abilities. These abilities can be shaped by varying emotional reactions to case information, jurors intelligence, their abilities to retain certain information, and of course their own personal and cultural views. As a result, jurors establish different perceptions and opinions despite all the jurors being given the same information. The procedure of applying a juror’s perception of certain views on life and how those views apply to the facts and information being presented to them in the case are the main forces behind each juror’s individual conclusions on the case. Jurors seem to rarely alter their opinions on how they feel about a certain case, but they may change their minds on how things should have been presented to them. This can be observed in the participation and comments of the jurors in this certain case.
My observations were that both the prosecutor and defence had a certain sentence in mind, which they would present to the court, and the judge would deliberate over which lawyer he should listen to. However, I was surprised to see the amount of back and forth that went on between everyone. These events relate to the writings of Blumberg where he states, “However, lawyers… have close and continuing relations with the prosecuting office and the court itself through discreet relations” (Abraham, 1997: 20). During one case in plea court, one of the prosecutor stated that the defence and her had already agreed to a sentence. It seems that the backdoor negotiations that Abraham wrote about are true. The reason this is important is because it displays to the common folk that the legal system is not as cut and dry as it seems. It shows that a person’s fate may be determined based on the debating skills of a person’s lawyer, rather than our legal codes. Furthermore, using the term “game” to describe how a portion of our legal system is conducted would belie the beliefs of many on how justice is dealt in our country. When people think of lawyers and court they imagine people fighting for the rights of people, that the innocent are protected and the guilty are punished. The haggling nature of backdoor negotiation on what sort of sentence will be handed out sort of cheapen the image people have of