...Plea bargains are extraordinarily common in the American legal system, accounting for roughly 90% of all criminal cases. Many countries, however, do not allow plea bargains, considering them unethical and immoral. Below is a discussion about what plea bargains are, why we use them, and different types of plea bargains as well as what happens if both parties don't [Contractions are inappropriate in academic writing--write it out.] live up to the terms of a plea bargain (http://criminal.findlaw.com/criminal-procedure/plea-bargains-in-depth.html). [If this URL is in a citation, it should not appear here but rather on the references page.] Plea bargains are an agreement in a criminal case between the prosecutor and the defendant that usually involves the defendant pleading guilty in order to receive a lesser offense or sentence. Plea bargains are often referred to as really just establishing a "mutual acknowledgment" of the case's strengths and weaknesses, and don't [Write out contractions.] necessarily reflect a traditional sense of "justice". In theory, courts are happy to have the respective parties work out a solution by themselves, but it begs the question of who is best served by allowing plea bargains. A plea bargain is a contract between the defendant and the prosecutor. If either side fails to live up to its end of the agreement, the most likely remedy is to go to court to enforce the agreement. In particular, many plea bargains ask a defendant...
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...INS AND OUTS OF THE PLEA BARGAIN PROCESS Carla Smith April 15, 2013 The reason that the crime control model oppose the plea bargaining is that the criminal avoids the true sentence and receives a lighter sentence when they take the plea bargain. The reasons that the due process model oppose the plea bargaining is that the plea bargaining undercuts the rights of people and could cause innocent people to go to prison. Some people plead guilty to the crime just to avoid the death sentence at trial, take the Alford v. North Carolina 1971. He plead guilty for that reason. The caseload hypothesis is when the lawyer’s caseloads are so heavy they start giving plea bargains. If there were more of everyone and everything, we could prosecute more people. Another reason for plea bargaining is to make sure these criminal do some kind of time and get them off the streets and if there is not enough evidence to get a for sure guilty at trial. I believe that that the second explanation is the best and most accurate. This seems to be the most popular reason. The significance of Boykin v. Alabama is that the Supreme Court stated that it was the judge’s fault for accepting a plea bargain from a defendant without showing that is was voluntary and intelligent. The ‘jury trial penalty’ is when the defendant is not offered a plea bargain or does not take the plea bargain and decides to go to trial. Alford plea is when a person pleads guilty and accepts the plea bargain but is still claiming...
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...Plea Bargaining Paper The criminal justice system seeks to protect the public and uphold laws, part of this process includes plea bargaining, plea bargaining is a process in which the defendant agrees to plead guilty in most cases in order to obtain a lesser charge to the crime as well as some leniency from the prosecutor(Schmalleger, Siegel, & Worrall, 2011). There are two types of plea bargains, they are called sentence bargaining and charge bargaining ("Nolo Law For All", 2014). Sentence bargaining is another process in which the courts practice, the major differences between sentence bargaining and charge bargaining are, sentence bargaining is when the defendant agrees to plead guilty to a lesser sentence, in charge bargaining the prosecutor negotiates with the defendant to determine which charges are being filed against the defendant or the defendant pleads guilty to a less serious crime than the original charge(Schmalleger, Siegel, & Worrall, 2011). There are some advantages and disadvantages of plea bargaining, such as lesser charges, but in some cases the plea bargain gives the rights up of the defendant to make the prosecution prove charges against the defendant ("Nolo Law For All", 2014). Plea bargaining has a long history behind it, it has its problems and shortcomings, however it is still a highly recognized process in the courts today. Plea bargain is defined as a mutual understanding between the prosecutor and the defendant, this usually places the defendant...
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...Plea Bargaining Paper Barry Jones CJA/224 May 21, 2014 John Chancler Plea Bargaining Paper Plea bargaining is essential in our courts for the simple reason that it allows for fewer cases going to trial. Approximately 90-95 of all cases are plea bargained. If not for plea bargaining our courts would always be tied up and the time a case could go to trial would take a very long time. Plea bargaining is just one part of our lengthy legal process, but it helps our courts out. Plea Bargaining A plea bargain is a negotiated agreement between a criminal defendant and a prosecutor in which the defendant agrees “guilty” or “no contest” to some crimes, along with possible conditions, such as attending Alcohol Anomalous classes in return for a reduction in the severity of the chargers, dismissal of some of the chargers, or some other type of benefit to the defendant (“Plea Bargaining Law and Legal Definitions”, 2015). The defendant must hold their end of the deal that was agreed upon such as pleading guilty on a specific date, and cooperating in the investigation of another offence or testifying against a co-defendant or the plea bargain may be revoked. Charge Bargaining and Sentence Bargaining Charge bargaining is when the prosecutor negotiates with the defendant in the terms of the chargers that could be filed against the defendant. Both parties must agree to the terms of the Bargaining and the...
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...Plea Bargaining Melinda Romayor CJA/224 January 3, 2014 David Manweiler Plea Bargaining Plea bargaining is important in the criminal justice system. It is an essential tool that benefits not only the prosecutor but the defense attorney and the defendant. Plea bargaining allows attorneys to decide cases without needing the judge or a jury to decide the case. It can be beneficial to both the prosecutor and the defense attorney because the prosecutor will have a conviction and the defense attorney would have gained a lesser charge for his client. Throughout this paper I will lead you through the process of plea bargaining, the pros and cons, and how it reflects on crime control and the due process model. History of Plea Bargaining Plea bargaining can be dated back to the nineteenth century. One of the earliest cases reported Commonwealth v. Battis. In this case the defendant who was charged in a capital crime was given time to think about the guilty plea he had entered. The court was reluctant in accepting the plea and was satisfied only after insuring that there had been no tampering, promises, or any persuasions to the defendant. Following the Commonwealth v. Battis case there were other cases that began to be reported that had some level of plea bargaining. It seemed that plea bargaining became more common in the mid 1900’s. The reasoning behind it becoming more common was back in the early days of the English justice system, juries would hear up to 20 cases in a...
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...Accountability has become Hostage of Plea Bargain. Does Plea Bargaining Undermine the Criminal Justice System? Legal and Social Impacts on Society. Student’s Name Institution Contents 1.1 Background to the Study...............................................................................................4 1.2 Purpose of the Study.....................................................................................................5 1.3 Research Objectives......................................................................................................5 1.4 Research Questions.......................................................................................................6 1.5 Significance of the Study..............................................................................................6 2.0 Methodology/ Research Design.....................................................................................6 2.1 Sampling Design............................................................................................................7 2.2 Sample Size....................................................................................................................7 2.3 Data Collection and Analysis.........................................................................................7 2.4 Validity and Reliability..................................................................................................8 2.5 Skills Required......................
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...| A Review of the Literature: Plea Bargaining and Ethics in the Criminal Justice System | | | Plea bargaining is a significant portion of today’s criminal justice system. As Chief Justice Burger stated, “The disposition of criminal charges by agreement between the prosecutor and the accused, sometimes loosely called ‘plea bargaining,’ is an essential component of the administration of justice. Properly administered, it is to be encouraged” (Santobello v. New York, 1971). The practice of plea bargaining has generated thoughtful ethical debate with effective arguments on both sides. Prior to offering an opinion, an understanding and comparison of the points of view regarding its use along with the purpose, types, and effects of plea bargaining must take place. A plea bargain is a criminal case pact wherein one side offers sentence prearrangement to the other in return for a guilty plea (Bikel, 2004). This permits those who have been suspected of serious criminal acts the opportunity to considerably lessen the charges and escape a more severe penalty. The prosecuting attorney will usually bargain this, or the initial charge will endure with a recommendation for a lighter punishment. With these forms of inducements, the courts save time and money swiftly and efficiently (Feješ, 2012). A plea bargain can be introduced by either the prosecuting or defense counsel with both sides negotiating throughout the process. This practice can be swift or entail...
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...Plea Bargains Ashley Williams Axia University of Phoenix CJS 220 Pleas bargains are offered throughout the justice system everyday, in various types of cases. “Nearly 95% of all felony cases never reach a jury. They are settled through pleas bargains in which a defendant agrees to plea guilty in exchange for a reduced sentence.” (PBS, 2004). An agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence. Most criminal defendants are offered plea bargain. A plea bargain gives criminal defendants the opportunity to avoid sitting through a trial risking conviction on the original more serious charge. There are two types of pleas bargains; a charge bargain and a sentence bargain. A "charge bargain" occurs when the prosecutor allows a defendant to "plead guilty to a lesser charge," or to only some of the charges that have been filed against him. For example, a defendant charged with burgarly may be offered the opportunity to plead guilty to "attempted burglary." A defendant charged with Drunk Driving and Driving With License Suspended may be offered the opportunity to plead guilty to just the drunk driving charge. A "sentence bargain" occurs when a defendant is told in advance what his sentence will be if he pleads guilty. This can help a prosecutor obtain a conviction if, for example...
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...Trial and Plea Bargain The criminal justice system today has attributed to it a notion of it being a system “…of pleas, not a system of trials,” (Franze, A., Jeremy, M., 2012). This fact of the pervasiveness of plea bargaining in the legal system is commonly known, and subsequently one of the shared opinions of five of the four justices that ruled on the companion cases: Lafler v. Cooper, and Missouri v. Frye. To even further illustrate this point, “In the state courts in large cities in 2006, 95 percent of all convictions for felony defendants came through guilty pleas rather than trials; in federal courts in 2010, the proportion was 97 percent.” (Baum, 2013). These statistics should solidify the grounds of how prevalent plea-bargaining is in the legal system, as opposed to taking cases to trail. Subsequently, some judges specifically encourage plea-bargaining, and sometimes remand that plea-bargaining occur if it already hasn’t (Baum, 2013). The importance of plea-bargains in the criminal justice system can not be overstated. Keeping this in mind, the sixth amendment provides individuals the right to adequate and subsequently competent counsel during a trial. This concept has recently, in May of 2012, been extended to plea-bargaining along with trails. In May of 2012 the supreme court ruled on two cases that would create a precedent for many future cases involving plea deals. Lafler v. Cooper was a case in which the defendants’ attorney provided bad legal advice...
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...Accountability has become Hostage of Plea Bargain. Does Plea Bargaining Undermine the Criminal Justice System? Legal and Social Impacts on Society. Student’s Name Institution Contents 1.1 Background to the Study...............................................................................................4 1.2 Purpose of the Study.....................................................................................................5 1.3 Research Objectives......................................................................................................5 1.4 Research Questions.......................................................................................................6 1.5 Significance of the Study..............................................................................................6 2.0 Methodology/ Research Design.....................................................................................6 2.1 Sampling Design............................................................................................................7 2.2 Sample Size....................................................................................................................7 2.3 Data Collection and Analysis.........................................................................................7 2.4 Validity and Reliability..................................................................................................8 2.5 Skills Required......................
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...Plea Bargains Written By: Ryan McKinniss The plea bargain is one of the most controversial issues in the criminal justice systems. There are two types of plea negotiation, but there are three main categories of plea bargains. They all include sentence reduction, and that’s were some of the controversy starts. Plea bargains also have some positives and negatives about them. Many people can argue for the use of plea bargains, but many can also argue against the use of plea bargains. I personally think they are helpful, but may be offered to easily. Plea bargaining is the process by which a person accused of a crime may bargain with the prosecutor to receive a lesser punishment. Typically, the accused person will plead guilty, sometimes to a lesser charge than the original one (to manslaughter rather than murder, for example). As stated by the Boston College Law Review, the U.S. Supreme Court estimates that at least ninety percent of criminal convictions are based on guilty pleas. Typically, defense counsel and the prosecutor negotiate the charges to be brought. If the bargain pertains to the sentence to be meted out, a judge may also participate unless barred from doing so. The main purpose for plea bargains is this process saves the government the time and cost of a jury trial in exchange for a reduced sentence. Defendants who plead guilty as part of a plea bargain give up three constitutional rights: the right of trial by jury, the right to confront and question one's...
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...Calling Your Bluff: How Prosecutors and Defense Attorneys Adapt Plea Bargaining Strategies to Increased Formalization by Deirdre M. Bowen People have long debated whether plea bargaining is the best way to handle felony cases in the justice system. This article focuses on a reformed, institutionalized way to plea bargain. The author researches the King County Prosecutors rationalized approach to the way the Early Plea Unit handles their cases. Ms. Bowen states in her article that all authors reviewed agree that, “plea bargaining under an imbalanced system does not achieve justice, much less arrive at something that resembles empirical or legal truth, institutionalized plea bargaining best resembles the criminal justice system’s desire to create efficiency, calculability, predictability, and control in the processing of defendants, and that reform should work to balance the power between the prosecutors and defense team.” (Bowen) Each reviewed author had a little different way to achieve that balance. Uviller (2004) thinks that the system should resemble at factory type approach. The first stage is the charging stage. The case enters the system and is reviewed for the most obvious, easy to prove, and reasonable charges. It then would move to the adjudication. In this stage the negotiating attorney would attempt to make a deal with defendant in order to get a guilty plea. If a deal cannot be reached, the case would then be transferred to the trial team in preparation...
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...Plea Bargaining Glenn Friedlander CJA/224-Introduction to Criminal Court Systems October 22, 1013 Deborah Carr Plea Bargaining Plea Bargaining is a process in which the prosecutor and the defendant via the defense attorney comes to an agreement during a multi-charge case for the defendant to bargain with the prosecutor after being informed by his or her defense attorney of the consequences of one or more charges for a lesser sentence rather than going to trial and possibly receive the max sentence he or she are facing (Siegel, Schmalleger, & Worral, 2011). This is normally used when a defendant and his or her defense attorney knows there is no way for the defendant to get off based on the charges he or she is being charged with and the evidence against them. More often than none, the defendant’s attorney is highly aware of the possibility of losing the case based on the results of the investigation that was conducted after the crime was committed. This process is also designed to save tax payers money by avoiding a lengthy trial that was probable based on the crime committed. Charge Bargaining This is a process in which the prosecutor can negotiate with the defendant to make it seem like the prosecutor is on the defendant’s side. This is done by telling him or her they will avoid adding additional charges if the defendant chooses to plea bargain with the prosecutor at that particular time or whichever time the prosecutor provides for the defendant to discuss the...
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...Assignment – Plea Bargaining Sarah Lee Westwood College – South Bay CRJS121 – Corrections Dalia Fragoso August 19, 2013 Plea Bargaining The right to a trial by jury was considered a central part of the justice system in the early days of the United States. The Seventh Amendment of the Bill of Rights codified it as an essential part of Americans' civil liberties. When criminals were caught and charged, the government went through a trial and verdict. But in the 1800s, a trend toward plea-bargaining began. In Alameda County, from 1880 to 1910, nearly 10 percent of all defendants changed their "not guilty" pleas to "guilty of lesser charges" or pled guilty to reduced charges (Fisher, 2003). A plea bargain is an agreement between a defendant and a prosecutor, in which the defendant agrees to plead guilty or no contest (nolo contendere) in exchange for an agreement by the prosecutor to drop one or more charges, reduce a charge to a less serious offense, or recommend to the judge a specific sentence acceptable to the defense. As criminal courts become ever more crowded, prosecutors and judges alike feel increased pressure to move cases quickly through the system. Criminal trials can take days, weeks, or sometimes months, while guilty pleas can often be arranged in minutes. Also, the outcome of any given trial is usually unpredictable, whereas a plea bargain provides both prosecution and defense with some control over the result. Today, the plea bargain is an essential...
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...Is Kris able to come back to society after probation? Kris Young is 25 years old, and got into some trouble at age 13and received probation for a case involving battery. While Kris was on probation he was arrested for criminal trespass and he had received additional probation time. Some of my results from the file review did not match Roberts. Two views in which Robert and I had the same were giving Kris and extension for probation period beyond the original two years. Because Kris fail to pay his fine amount within the stipulated period and was giving the extension so that he will have time to pay off his fine. Another view in which was the same was Kris having a successful completion of his probation was the same, because he got married, and was not diagnosed with a mental disorder can predict Kris completing his probation successfully as views of him getting back on the right track. There were also views that Robert and I found that we may handle differently. For control, when Kris was involved in occasional drug abuse, I thought Kris should conduct drug testing, and recommend treatment to prevent him from using drugs. Also for support to help Kris fulfill his dream of starting a business, something he wanted to do, I recommended a school and conduct motivational interviewing to get him thinking on a positive side. This article deals with pre-sentence reports, and is specifically designed to help prepare you for your interview with the probation officer. It is designed...
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