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A plea bargain (“offer”) is an acquiescent in a criminal case whereby the prosecution may offer the defendant the opportunity to plead guilty, conventionally to a lesser charge or to the pristine criminal charge with a proposal of a lighter than the maximum sentence. This opportunity sanctions defendants to avoid the risk of a conviction by trial on a more serious charge. This allows a court’s caseloads to be lighter without exhausting resources of a court, potential public advocators, and prosecutors who are all salaried at the expense of tax payers.…
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Plea-bargaining has been practiced in the criminal justice system for over 300 years. Controversial cases have brought plea bargains to the forefront and have created bias towards this practice. However, if plea bargains were not implemented, a chaotic and expensive justice system would be created. With such cases bringing a negative view to plea-bargaining, this research paper aims to show the positives and negatives of plea-bargaining. Critics of plea-bargaining believe that sentences demonstrate to be more lenient to the defendants, contributes to the issue of mass incarceration, and how the Crown persuades defendants into pleading guilty. Nevertheless, supporters of plea bargains find that plea deals are beginning to including the victims…
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Plea bargaining became common sometime after the Civil War. The proliferation of cases, in the federal courts, brought on by prohibition was instrumental in the institutionalization of plea bargaining. (Neubauer, 2002, p. 323) It was not until the sixties that plea bargaining became a topic of controversy. This controversy seems to stem from the fact that the name suggests that the courts are bargaining with criminals. But "much of what is characterized as 'plea bargaining ' often involves the assessment and reassessment of facts...." (Nasheri, 1998, p. 24) After examining all the facts the conclusion might be that there is just not…
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Whether or not it is possible to entirely eliminate plea bargaining in all its forms and varieties, I am not persuaded that it is desirable to do so. But I am no friend of plea bargaining in the unrestrained forms of it that are evident in the United States. In a nutshell, the normative position I shall advance is this: individuals charged with crimes who are willing to confess or plead guilty should be granted modest and fixed sentence discounts in exchange for doing so. Charge bargaining, and that which often accompanies and enables it, strategic overcharging, should be strongly discouraged. Trial penalties, that is, additional increments of punishment assigned to individuals who exercise their right to trial, should be prohibited. However,…
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As Nataskie stated above, there is a place and a need for plea bargaining in our criminal justice system. Although it is true that plea bargaining gives a guilty person the opportunity to admit to their crime and accept the punishment for it, they are likely more motivated by the fact that plea bargaining involves the perpetrator receiving a reduced sentence of some sort. Another reason for continuing with plea bargaining, as a tool in the criminal justice system, is because often it affords the prosecutor the means necessary to get a lesser criminal to testify against a more significant criminal who otherwise might go free. Plea bargaining should maintain an active role in all justice systems regardless of whether they are local, state,…
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The United States court system has become dependent on processing serious crime through plea bargains. People believe that plea bargaining should be abolished because it does not provide rightful justice. Schulhofer (1992) says “plea bargaining seriously impairs the public interest in effective punishment of crime and in accurate separation of the guilty from innocent (p. 1979).” This is because plea bargaining lighten charges that if they went to court they would get much firmer punishment. Plea bargains have also been taken by innocent people due to the fear of being convicted and serving a longer sentence. Some lawyers will pressure their clients into…
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In a Frontline Program- The Plea we watched in class there were interviews of people involved in three separate cases that had involved the plea bargain. In this video a man named Charles Gampero had gotten into a fight outside of a bowling alley and walked away leaving the victim unharmed and alive. After he had left the victim had been killed, but Gampero had been charged with second degree murder and attempt to kill. The prosecutors had told Gampero that they would give him a plea of dropping the charges to manslaughter, giving him 7-21 years and that if he didn’t he would get a mandatory 25 to life. Gampero said because he was positive that he was not at fault and had left the victim unharmed he had wanted to take it to trial. In the end Gampero wound up taking the plea and not taking it to trial because the judge had scared him so much by telling him that he would get no less than 25 years if he took it to trial. If Gampero had went to trial he would have had the chance of getting less time than his 7-21 years. The judges are allowed to lie to you like they had to Gampero about getting 25 to life. Another example from this video was Patsy Kelly Jarrett. Jarrett was charged for the murder of a gas station tenant years after the murder. Jarrett was home during the time of the murder and the only evidence was someone saying that it was her. The prosecutors had given her a plea bargain of taking robbery and getting five years and later…
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The plea bargaining process is very important to the criminal justice system because without it the criminal justice system would grind to a halt. Plea-bargaining is important because if every case went to a trial it would take years for criminals to get from the time of arrest till the time of trial. The video we saw showed an example of how the process works to get criminals who plea guilty to committing minor crimes through the system faster so that the courts can concentrate on those criminals who commit major crimes. In this video you can see some of the variables that enter into the plea-bargaining system and how they can be fair and unfair to the parties involved. You can see the quality of legal representation…
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I agree with you. Some crimes can be handled differently depending how the offense is classified “Many states encourage diversion programs that remove less serious criminal matters from the full” (How Courts Work, n.d., para. 4) Plea bargaining can be accepted for reasons like, defendants avoiding the time in court. Also, the prosecutor can dedicate time to other cases. A valid approach is the agreement of both part on the case “obviously both sides have to agree before one comes to pass”. (How Courts Work, n.d., para. 2) As you mention, that should not be applied in the major…
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Plea bargaining is being scrutinized and criticized for a variety of reasons. Many believe that plea bargaining is fair as it gives a possible offender the ability to negotiate a less severe sentence. If the offender is in fact innocent all he has to do is go trial and show it to the jury and he will be free to go. However many people are saying that plea bargaining has contributed to imprisoning of innocents and it is an unfair practice as a result. Though that may seem ludicrous because it would seem that innocent people would not willingly imprison themselves, data shows otherwise. These reasons are why plea bargaining has a negative impact and should be changed.…
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Most cases are resolved through plea bargains. This is resulting from negotiations between the prosecutor and defense attorney. Plea bargains can be made at any stage of the criminal justice process. Plea bargains can be either a charge bargains or sentence bargains. There are advantages and disadvantages with plea bargains. With plea bargains, it can reflect the due process and crime control of the criminal justices.…
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Plea bargaining in the criminal justice system is an issue viewed in various ways based on the individual=s role in the judicial process. Plea bargaining may be beneficial to the rightfully accused allowing them a lighter sentence; however, if wrongfully accused, it could cost an innocent person their freedom.…
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Today our world is filled with crime. People who tends to commits such crimes must have consequences for their illegal actions. “The Criminal Justice System,” is a system that keeps everything fair and safe. This system was set up in order to ensure that fairness and justice will be served to people who breaks that laws.…
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The main purpose of the criminal justice system is to prevent crimes and to protect citizens from the wrong doings of others and to keep society in a stable and working order. Throughout Australia, sentencing is the final unambiguous act given from the court to the offender as their result of punishment. The Crimes (Sentencing Procedure) Act 1999 (NSW) is apparent to be one of the main core of statutory guidelines in relation to the sentencing procedure in NSW. The law itself explores the type of penalties, purposes of punishment, clarifies that prison is the last resort and discusses the limitations on penalties. The Crimes (Sentencing Procedure) Act 1999 (NSW) characterises all the various factors which have to be considered during the act of sentencing, for example, mitigating and aggravating factors such as the evidence in which is presented by the circumstance of the crime and or the character of the offender, as well as the state of mind in which the offender was under. This essay will further highlight the effectiveness of sentencing and punishment to an extent as for the ineffectiveness of the issue as well.…
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The justice system in America is not always fair. Everyone has their own beliefs, personality, and background that affect how they think. The justice system will never be completely fair, everyone has different ideas with what is fair and what is not fair. Just because something is fair doesn’t always mean it is equal. There are many factors that affect the opinions of the justice system, you don’t know if the person is telling the complete truth, your background, and how biased you are.…
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