...Plea Bargaining For Company Management By Name Presented to ------------------------ Date Plea Bargaining A plea bargain is a negotiation between the defense attorney and the prosecutor that is presented to the defendant. Plea bargaining is vital in keeping the courts from being overwhelmed with trials. There are two different types of plea bargaining: charge bargaining and sentence bargaining. There are advantages and disadvantages to both the defendant and the prosecution in plea bargaining. Crime control advocates and due process advocates do not see plea bargaining in the same fashion. A guilty verdict doesn’t always result from a trial. It mostly results from a voluntary plea by the defendant. A plea bargain is when a prosecutor offers the defendant the opportunity to plead guilty to the original charge or a lesser charge for a lesser than the maximum sentence. For a plea bargain to be negotiated; the prosecutor needs to offer the defendant a reeducation of severity of the charges, reduction of the number of charges or a reduction in sentence. Unless one or more of these items are met, there will not be a plea bargain. A plea bargain is between the prosecutor and the defense attorney. Once the prosecutor presents the offer to the defense; it has to be taken to the defendant for approval. Once the pros and cons are discussed and the defendant agrees and accepts the plea, it is presented to the judge. Plea bargains...
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...Plea Bargaining Paper Christina Petee POS 2041-American National Government May 8, 2016 Professor Richards Plea Bargaining Paper Introduction In my paper I will explain what plea bargaining is and why we have it. I will also explain why plea bargaining is important in the judicial system. So ask yourself, “What value or role does plea bargaining play in our judicial system?” Guilty is guilty, thus sentencing should be rather uniform in nature, shouldn't it? The complexities of law and illegal activities make plea bargaining a controversial though legally acceptable practice in the American legal system. Body Discuss the controversial practice of plea bargaining in the American judicial system. Should the nature of the crime affect the defendant's opportunity to plea bargain? I am going to discuss first what plea bargaining is and how it works. Government prosecutors, acting on behalf of the public, choose whether and how to pursue a case against criminal defendants who may have violated the law. In some cases, they may decide to offer a plea bargain, an arrangement in which a defendant agrees to plead guilty to a lesser offense than he or she was charged with, to avoid having to face trial for a more serious offense and a lengthier sentence. (Magleby 346) Magleby, David B., Paul Light, Christine Nemacheck....
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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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...Plea Bargaining Chris Stokes University of Phoenix Introduciton to Criminal Court Systems CJA/224 Janet Williams November 14, 2013 Plea Bargaining A Plea bargain is an agreement between the prosecutor and the defendant in a criminal case where the defendant pleads guilty to a certain charge in exchange for a lesser penalty from the prosecutor. Plea bargaining brings many benefits to the prosecutor and the court system but also comes with much criticism. Normally the judge will offer a plea bargain when the defendant knowingly waives his/her rights and admits that their guilty. The role of the plea bargain in the criminal justice system is often misunderstood and frequently critiqued. A plea bargain helps to avoid lengthy trials and arguably helps to manage the caseload that passes through every court but they are used at the cost of giving potential offenders more lenient sentencing and in some cases, risking the conviction of innocent defendants. Despite holding a rather unfavorable view in the eyes of the public, plea bargains are used in approximately 90% of cases involving conviction (Meyer and Grant, 2003). There are two types of plea bargains, the “charge bargain” and the “sentence bargain”. A charge bargain allows a defendant to plead guilty to a lesser charge or only a few of the charges brought against them. A sentence bargain is when the defendant knows ahead of time what the sentence will be if they plead guilty. (Larson, 2000, p. 1) 90 percent of criminal...
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...who goes through our system is entitled to a fair and just trial. The length of the trial can take many months, or even takes only weeks, but in some instances the trial can end even before it even starts. Some can argue that the plea bargain is an “easy way out”, but at the end of it all, it was done for a significant reason. Many can benefit from the plea bargain, and it can be a sacrifice to the defendants rights, or either benefit the guilty. It all depends on how you look at it and what the circumstances are. The plea bargain is described as the process whereby a criminal defendant and prosecutor reach a mutually satisfactory disposition of a criminal case, subject to court approval. This means that a plea bargain can put an end to a criminal case without even going to a trial. Now when the plea bargain is successful, it plainly means that the defense and the prosecution have successfully reached an agreement. Within this agreement between the two parties, the prosecution agrees to dismiss certain charges, and make the sentence “less-harsh” for the defendant. The defendant just has to agree to plead guilty without a trial. Plea bargaining can be profitable for both sides depending on the circumstance. At times, the prosecution can request for a plea bargain, which in turn would save the court some much needed valuable time. Now most of the time the prosecution is open with agreeing to a plea bargain with the defendant. This shows that the defendant is admitting...
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...interview a judge on his role in major criminal cases from his role beginning with first contact dealing with a plea bargain. The reason I choose to focus on that of plea bargains is because based on the videos I viewed this is the first initial contact the defendant has with the judge and most of the most memorable parts of many criminal court cases. Q: Good afternoon, one thing that stands out to me is why do we have so many plea bargains with in this country? A: Good question, for one our constitution states that everyone should offered that of a speedy trial. With that plea bargains can be looked at as such. Also if we were to send every case in front of jury many cases would never be heard and or pushed so far back that defendants will not receive the proper attention and or defense based on that fact if they had a public defender or private attorney. Q: when it comes to a plea bargain what is role? A: As a judge we oversee and supervise to make sure boundaries are set and it falls it the expectations of the community we are servicing. Also with this with have the right to accept or deny any plea bargain that is brought to us. But once a plea is made either guilty or no contest, it is our responsibility to make sure that the defendant is this decision on his own free will and in sole right mind. Once approved it will no longer go to trial. Q: When entering a plea hearing how much do you really know about case before it is presented to you and knowing more about the case...
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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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...Running Head: Plea Bargaining 1 Plea Bargaining Brandi D. Greenfield CJA/224 October 22, 2014 Ali Shakoor Running Head: Plea Bargaining 2 To many there are advantages and disadvantages to plea bargaining. Some may argue that if you accept a plea bargain you are admitting to the crime that you are being charged with, even if you are innocent or intend to plead not guilty. There is no true definition of plea bargaining but according to (Black’s Law Dictionary) plea bargaining is defined as “the process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to court approval that usually involves the defendant’s pleading guilty to a lesser offense or to only or some of the counts of a multi-count indictment in return for a lighter sentence than the possible for the graver charge.” (University of Phoenix, 2011). There are two types of plea bargaining known as charge bargaining and sentence bargaining. “Charge bargaining refers to the prosecutor’s ability to negotiate with the defendant in terms of the charges that could be filed.” (University of Phoenix, 2011). “Sentence bargaining occurs when a defendant agrees...
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...Plea bargains play a major role in the criminal justice system. The use of plea bargains has become quite controversial with valid points argued by those who support and those who oppose their use. Before making a decision to agree or disagree, one must compare the arguments regarding the use of plea bargains as well as understand the purpose of the plea bargain, types of plea bargains, and the positive and negative aspects of each type of plea bargain. Purpose of Plea Bargains A plea bargain is an arrangement made for a criminal case in which the prosecution proposes a deal to the defendant in exchange for a guilty plea. A plea bargain allows individuals who have been accused of criminal activity the ability to dodge a possible conviction during a trial for a more serious charge. The prosecution will typically offer the defendant a sentence for a lesser charge, or the original charge will remain with an additional recommendation for a lighter sentence (Meyer & Grant, 2003). These types of incentives allow the courts to save time and money by settling cases quickly and effectively. Plea bargains are initiated by either the defense or prosecuting attorney. Both parties are involved throughout the process of negotiations. This process can either be speedy or consist of several lengthy meetings that involve changing the conditions of the plea agreement until an agreement is reached. The prosecution and defense must be in complete agreement regarding the conditions...
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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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...interview a judge on his role in major criminal cases from his role beginning with first contact dealing with a plea bargain. The reason I choose to focus on that of plea bargains is because based on the videos I viewed this is the first initial contact the defendant has with the judge and most of the most memorable parts of many criminal court cases. Q: Good afternoon, one thing that stands out to me is why do we have so many plea bargains with in this country? A: Good question, for one our constitution states that everyone should offered that of a speedy trial. With that plea bargains can be looked at as such. Also if we were to send every case in front of jury many cases would never be heard and or pushed so far back that defendants will not receive the proper attention and or defense based on that fact if they had a public defender or private attorney. Q: when it comes to a plea bargain what is role? A: As a judge we oversee and supervise to make sure boundaries are set and it falls it the expectations of the community we are servicing. Also with this with have the right to accept or deny any plea bargain that is brought to us. But once a plea is made either guilty or no contest, it is our responsibility to make sure that the defendant is this decision on his own free will and in sole right mind. Once approved it will no longer go to trial. Q: When entering a plea hearing how much do you really know about case before it is presented to you and knowing more about the case...
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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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...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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...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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