A Plea is a formal statement by or on behalf of a defendant or prisoner saying weather they are guilt or innocence.…
The concept of plea bargaining became a common means to resolve criminal cases in the early 1900s because not everyone that was accused of a crime had a lawyer to represent them in a trial. As the criminal justice system evolved, and there were more and more cases to prosecute, plea-bargaining was used more often so that all parties would have a faster resolution to the case, as opposed to going through a lengthy trial. The definition of plea bargaining is “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 some of the counts of a multicounty indictment in return for a lighter sentence than the possible for the graver charge.” (Siegel, Schmalleger, & Worrall, 2011, Chapter 12, Plea Bargaining and Guilty Pleas).…
The OJ Simpson case is one that has left a stain on law enforcement and put a pock down on the chain of command issues as well as the collection and contamination procedures across the US.…
There are several reasons that wrongful convictions happen, and essentially what it boils down to is errors of either the criminal justice professional, or the eyewitness testimony. In many of the cases of wrongful conviction there were a lot of the same errors that led to the conviction of innocent people. Errors in eyewitness identification; in some cases the eyewitness was pressured into identifying someone, even if they were not sure. Antiquated forensic testing; in many cases outdated equipment and methods had been use during forensic tests, which lead to inaccurate results. Testimony by questionable informants; during the trials there were witness testimonies that were questionable, because their stories were not straight, or the witness themselves had a background that would make their story questionable. These are just a few of many reasons why innocent people were incarcerated.…
When you are innocent, you get compassion and such examples of this happen in life. If a child does something wrong, they get compassion because they are innocent, but if an adult does the same thing they do not get compassion because they are no longer innocent. For example, In the novel, The Curious Incident of the Dog in the Night Time by Mark Haddon, Christopher Boone has a mental disability and lives a tougher book than any other normal human. Sometimes he does things such as scream and hit which if he were a normal person his age, he would be punished. Since he has a mental disability, he is innocent and needs compassion. Therefore, if you still have your innocence, you are treated with compassion if you did something wrong.…
Even though there are many advantage there are also many disadvantages. The biggest disadvantage is that when you take a plea bargain it is an automatic admission of guilt. You waive your right to have your trial heard by a jury and a judge. And, even though a plea bargain was offered and accepted, the court can decline the plea bargain which would put the case back on the docket to be heard by a jury. So an admission of guilt not only stays with you forever, it also takes away the right to file for an appeal in your…
Falsely confessing to a guilty plea is another way in which wrongful convictions may be mete out. However, if a person is truly innocent, what would be so strong so as to compel them to plead guilty? One logical answer is that when the potential to be convicted of a crime exists and carries a mandatory sentence with it, it may be better to plead to a lesser crime, which may carry a lower sentence and allow for a conditional sentence. Stat on number of wrongful convictions. Even a single wrongful conviction is a travesty and injustice to the…
The main fault that I see with a plea bargain is that it violates the six amendment. The reason why the sixth amendment is in violation is that plea bargaining goes against what it stands for. The sixth amendment states that everyone has the right to a fair trial; however, most cases are not even analyzed in front of a judge or jury because of a plea bargain. The main reason a plea bargain is put into play is to push a case through the system faster and resolve it quicker. Furthermore, everyone knows that when situations are rushed that information is likely to be missed. For example, there are many situations where defendants take a plea bargain to stray away from more intense punishment. However, many individuals who take this bargain are…
You're expected to enter a plea during your arraignment. Even if you know for sure you were intoxicated, it probably isn't a good idea to plead guilty right away. If you plead not guilty, you can always change your plea at a later time. Pleading not guilty buys time for your attorney to examine the facts of your case and build a strong defense. If you have an attorney at your side during the arraignment, he or she can offer advice over what you should plead and whether you should request a jury trial. An attorney can also shield you from pressure to make a quick plea that could harm you later. However, since an arraignment usually happens quickly after your arrest, you might not have time to hire an attorney. In that case, you're allowed to represent yourself. In most instances, it's probably best to enter a plea of not guilty when you haven't had time to speak to an attorney first.…
United States, the only difference here is that they are focusing more on innocent person can not be convicted by the government, and it’s the government who must have plenty of evidence. This also would include that even if there was slight hesitation or doubt that the person did not commit the crime, then they would get the benefit of the doubt and be let go, since there is not enough proof to convict the suspect. As well that was all traced by early England where it is very important that the presumption of innocence phrase is imposed in trials because as stated by Lord Hale "In some cases presumptive evidence goes far to prove a person guilty, though there be no express proof of the fact to be committed by him, but then it must be very warily pressed, for it is better five guilty persons should escape unpunished than one innocent person should die." (Jeralyn 2003). This statement by Lord Hale is very strong and holds a truth to it, because innocent people should not pay the price of their life for something they are not guilty.…
The United States court system runs smoothly due to plea bargaining because they push cases through without trial. Trials can take weeks and even months before they have a verdict. With ninety percent of cases being plea bargained it keeps court cases moving along. The United States court system is like a conveyer belt and plea bargaining is what keeps the conveyer belt moving so thing do not get backed up. Plea bargaining also benefits defendants by giving them a choice to plead guilty and take a lesser charge by giving up their right to a trial (Alschuler, 1968, p. 4). For those who the evidence clearly shows they are guilty they can chose a plea bargaining and get less time without wasting the court's time. Defendants who have families they need to support and are guilty of a crime can take a plea bargaining and can serve less time so they can get back to supporting their families sooner. Individuals can also give up their right to a trial by their peers in exchange for a guilty plea of a less serious offense or lesser charges making their criminal record better. They are minor first offenses where people can go without hiring a lawyer and instead accept a plea bargain and avoid going trial and paying for a lawyer. Many people make mistakes early in their life and plea bargains give those people a chance to reduce time served or charges by admitting to what they…
People who have been caught because of the crime they’ve committed would refuse to go on trial because it would lead to more punishments and they don’t want to get convicted and being put in jail for a long period of time. So, instead they say they’re guilty of the crime they committed and make a plea bargain to get a lesser sentence. People chose to make a plea bargain because it helped the defendant plead guilty to a lesser charge. The mostly affected black people because they have been charged with crimes at higher rate than Whites. The reason for these huge punishments for such small crime is because of the mandatory laws which made people afraid to go on trial and be found guilty. People don’t go on trial because they are afraid to get…
A plea bargain falls under the discretionary powers of the prosecution, meaning the public is able to trust that the parties involved in the process have upheld the same judicial principles that would apply to a conviction reached after trial.…
Is plea bargaining the easy way out for criminals? In a way it is because they would not have to serve the maximum sentence that could have been handed to them…
Criminal courts are a process. Most assume that all the action takes place when the trial starts, but this is not true for all proceedings. Most offenders will enter a guilty plea to comply with a prosecutors “deal” offered to the offender.…