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Plea bargaining appears to result from several overriding factors
Arguments against plea bargaining
Arguments against plea bargaining
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Why Plea Bargaining in Criminal Trials is Important
Screeech! That is the sound of our court system coming to a grinding
halt, if plea bargaining were no longer utilized. Not only does plea bargaining
save taxpayers an enormous amount of money, it often provides the evidence for a
conviction and allows public defenders and other court officials to concentrate
their limited resources on more important or difficult cases. Some people may
believe that plea bargaining with criminals is wrong. The entire basis of the
argument against plea bargaining says that criminals should not testify or have
anything to do with the prosecution because they were involved with the crime.
We fail to realize that without plea bargaining many criminals would never be
punished for their crimes at all. It is as simple as that. Granted, a plea
bargain is, by definition, a compromise. But it is a compromise that is
absolutely necessary for the judicial system to function. While it may seem
that a person who exchanges his testimony for a lighter sentence would have
sufficient motivation to lie in court the fact is that his testimony is simply
verifying the testimonies of other witnesses. In a majority of cases plea
bargains is utilized to ensure that the truly guilty criminal is punished. In
our less than perfect world, plea bargaining is easily the lesser of the evils.
I agree with the definitions submitted by the affirmative speaker.
Americans have always emphasized getting a job done. We place a great
deal of value on efficiency and industry. The government is expected to run
with efficiency and operate with the good of the people in mind. Every aspect
of our lives is governed by this utilitarian value. Why do we place such
importance on efficiency? Because without it nothing would ever get done. If
we all constantly obsessed over minute details and unrealistic ideals we would
live in poverty. In the real world compromises are made because without them no
amount of success could ever be achieved. In the words of John Stewart Mill,
the father of utilitarianism, "The creed which accepts as the foundation of
morals utility, or the greatest happiness principle, holds that actions are
right in proportion as they promote happiness, wrong as they tend to produce the
reverse of happiness". This means that in a world of compromise, the most
success is achieved by giving the greatest good to the greatest number of people.
This belief applies directly to plea bargaining.
According to Hammurabi, the punishment was death. One last felony that has different punishments
...not fair to execute them. Instead prison and possible rehabilitation are the better choices for criminals in the United States.
...must face the consequences of his or her actions each day as long as he or she is alive. As a result, I believe life imprisonment without the option of parole is a similar and comparable punishment to the death penalty.
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?
Instead, these individuals are subjected to the structural violence of the system, and are largely given “life without possibility of parole” sentences. No matter how remorseful they are, how much they have learned, or how young and naive they were when the crime was committed, these individuals will never get the chance to live a different type of life.
“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
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.
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
The Miranda warnings stem from a United States Court’s decision in the case, Miranda v. Arizona. There are two basic conditions that must be met for Miranda warnings to be required: the suspect must be in official police custody and the suspect must be under interrogation. The suspect goes through a booking process after an arrest. The suspect will have a bond hearing shortly after the completion of the booking process or after arraignment. The arraignment is the suspect’s first court appearance to officially hear the charges filed against him or her and to enter a plea. The preliminary hearing or grand jury proceeding determines if there is substantial evidence for the suspect to be tried for the crime charged. In this essay, I will identify and describe at least four rights afforded criminal defendants at the arrest stage and during pretrial. I will analyze the facts presented and other relevant factors in the scenario provided. I will cite legal authority to support my conclusions.
They are successful in immediately punishing the offender and they are also seen as “high in profile”. Following a sentencing, the convicted criminal is immediately escorted out of the courtroom and straight to the confinements of prison. This instant punishment keeps the convicted off the streets preventing more harm to the community. This also is a result of “high in profile”. Prison is the most severe punishment that the government can inflict on a criminal (including the death-penalty). Criminal sentencing is taken very seriously and is meant to scare lawbreakers from re-offending. However, rehabilitation does a better job in preventing
Bohm & Hanley (2011, pg. 309) openly classify three basic types of plea bargains. The first type of plea bargain is that defendants may be allowed to plead guilty to a lesser offense. Additionally, the second plea bargain allows, at the request of a prosecutor, a defendant that pleads guilty may receive a lighter sentence than what the crime originally called for. While, the third plea bargain allows defendants that plead guilty to one charge, get other charges that maybe brought later dropped as promise by the prosecutor. Indubitably, there are many factors prosecutors consider when deciding whether to offer a plea bargain and which of the three will be most beneficial. Bohm & Hanley (2011), states the three most notable factors are the seriousness
The most severe of all sentences: death. Also known as capital punishment, this is the
Arguments For and Against Juries The right to a trial by jury is a tradition that goes right to the the heart of the British legal system. It is a right fiercely fought for. and fiercely defended at those times when its powers have been seen to be under threat as those backing reforms are finding. The tradition of being "tried by a jury of one's peers" probably has its origins in Anglo Saxon custom, which dictated that an accused man could be acquitted if enough people came forward to swear his innocence.
Most countries in the world today do not use juries, and only a small percentage of cases in the United States are decided by juries. So it has been proven successful and holding trials without juries are certainly a possibility for our future. In may in fact be in society’s best interest to change or rather improve a system that is outdated and doesn’t always serve the people justice. A person has a right to choose between a jury of his peers of a bench (judge only) trial. It’s likely that citizens may prefer a jury trial as they may feel that pool of random citizens may be less critical or harsh than a judge, but in all honesty, if we’re talking about fairness, a judge who is an informed and trained professional definitely has a better idea of how to sentence a person on trial and looks at the evidence in a holistic way. A bench trial is better because it’s more efficient and cost-effective, judges are well-educated professionals, and juries may be biased or incompetent.
The heaviest punishment towards convicts is death penalty in law. It means to atone for an offense is dead. Of course, it will not execute for every criminal. Death penalty is only for felons. For example, a people who murdered someone would not get the death penalty. The death penalty is for murders who related to the smuggling of aliens or committed during a drug-related drive-by shooting. Sometimes, however, the felons also can avoid the death because some countries (or actually states) don’t allow death penalty. Then, what decision would the convict get? It is a life sentence, which means the prisoner should be in a prison until he or she dies. However, it is not good idea to keep felons. Death penalty should be allowed and get more active because life sentence is costly, unsafe, and insincere for a victim and the family.