The O.J. Simpson murder case was a criminal trial held in Los Angeles, California from January 29 to October 3, 1995. The former football player and actor, O.J. Simpson was tried for the murder of his ex-wife Nicole Brown Simpson and her friend Ronald Goldman. The case has been described as the most publicized and controversy criminal case in American history. The case was racially divided because most African Americans believed that Simpson was innocent and most Caucasian Americans believed he was guilty. The prosecutor had indisputable forensic evidence but the defense attorneys were able…
Cole, Plea-bargaining is negotiating a settlement between the prosecutor and the defense attorney, that would exchange a guilty plea for a lighter sentence.. Generally if the prosecutor is willing to lower the sentence, the defense will accept and plea guilty to the crime he or she was accused of. Roughly thirty-five years ago, plea-bargaining was not discussed outside of the courtroom. It was a “secret” of the court and done behind closed doors. Now, people know what plea-bargaining is, and is now a very controversial subject in society. There are positives and negative aspects of plea-bargaining in the case of Councilman…
When it comes to plea bargaining, there are two different types that can be offered to the defendant by the prosecutor: sentence bargaining and charge bargaining. Sentence bargaining is when the accused is informed of what the sentence will be with a guilty plea and is useful in helping the prosecutor to obtain a conviction by offering the minimum, instead of the maximum sentence for the charge. If the defendant is facing serious charges and does not want to chance receiving a maximum sentence during trial, they may enter a guilty plea in order to serve the least amount of time possible. Charge bargaining is when the prosecutor offers to either charge the accused with a lesser charge, or to reduce the number of charges that have been filed against him/her, in exchange for a guilty plea. For example, if the defendant is charged with a DUI, driving with an expired license, and driving with expired…
Plea bargains are an assertion in a criminal case between the prosecutor and the respondent that ordinarily includes the litigant conceding so as to get a lesser offense or sentence. Plea bargains are frequently alluded to as truly simply building up a common affirmation of the case's qualities and shortcomings, and don't really reflect a conventional feeling of Justice. In principle, courts are glad to host the individual gatherings work out an answer independent from anyone else, yet it makes one wonder…
Brief: Respondent was arrested and charged with possession of methamphetamine with the intent to distribute, in violation of 84 Stat. 1260. On October 17, 1991, respondent and his attorney asked to meet with the prosecutor to discuss the possibility of cooperating with the Government. At the beginning of the meeting, the prosecutor informed respondent that he had no obligation to talk, but that if he wanted to cooperate, he would have to be completely truthful. As a condition of proceeding with the discussion, the prosecutor indicated that the respondent would have to agree that any statements he made could be used to impeach any contradictory testimony he might give at trial if it went that far. Respondent conversed with his counsel and agreed to proceed under the prosecutor’s conditions. The respondent admitted to knowing that the package he attempted to sell to the undercover cop did contain methamphetamine. Respondent claimed that he did not know Shuster was manufacturing methamphetamine at his residence and later confessed that he did know of Shuster manufacturing methamphetamine in his residence. Respondent minimized his role in Shuster’s methamphetamine operation by claiming that he had not visited Shuster’s residence for at least a week before his arrest. The government showed the respondent surveillance evidence showing that his car was at Shuster’s residence the day before the arrest. The meeting ended on the basis that the respondent failed to provide completely truthful information. Respondent was tried on the methamphetamine charges and took the stand at his own defense. He maintained that he was not involved in the methamphetamine trafficking and he had thought Shuster was using his home laboratory to make plastic explosives for the CIA. He denied knowing that the package he delivered to the…
Plea bargaining is the essence of the criminal justice system, and it is the process in which a defendant pleads guilty to a criminal charge in order to receive some consideration from the state. There are various types of plea bargaining deals that defendants may accept, which include charge bargaining, count bargaining, and sentence bargaining. Charge bargaining requires the defendant to plead guilty to a less serious crime than the one originally charged with. Count bargaining requires the defendant to plead guilty to partial charges or counts, but not all of the charges presented against them. Lastly, sentence bargaining requires the defendant to plead guilty in exchange for leniency in sentencing.…
Roughly, about thirty percent of the US adult population is a convicted felon. Forty-eight of fifty states restrict these criminals' voting rights; that is the equivalent to millions of unheard voices. Even though many say that offenders should not be trusted with political matters, they are still human beings and they deserve their unalienable rights. They are human beings, regardless of the crime they have committed and like everyone else, they deserve to improve their lifestyle. For this reason, and many others, the US government should remove voting restrictions on convicted felons.…
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…
Charge bargaining is a form of plea bargaining. Charge bargaining is when the prosecuting attorney has the capability of negotiating with the accused about the charges that may be filed. This allows for the prosecuting attorney to give the defendant the opportunity to “plead guilty” to lesser charges. (Larry J. Siegel, 2011) An example could be if the accused is pulled over for drinking while intoxicated and has a suspended license; the prosecuting attorney may offer the defendant a plea bargain of pleading guilty to the driving while intoxicated and dismissing the charge of driving with a suspended license. Sentence bargaining is another form of plea bargaining. Sentence bargaining comes in to play when the defendant accepts an agreement to pleading guilty in exchange for spending a less amount of time in jail or prison. (Larry J. Siegel, 2011) An example of a sentence bargain could be if an individual is being charged of murder and they have the death penalty in that particular state;…
Plea bargaining is defined as the process of negotiating an agreement among the defendant, the prosecutor, and the court as to an appropriate plea and associated sentence in a given case. The advantage for the defense is that less work is required on their part and they typically receive the same amount of money in return. An advantage for the prosecutor is they get a conviction and can alter the sentence any way they see fit as well as maintain an acceptable conviction rate. The court system heavily relied on the use of pleas to keep the system moving. In cases involving a plea the judge is able to dispose of a case quickly and move on to the next. In terms of jails and prisons plea-bargaining can also reduce the amount of inmate entering the facilities as jail time may have been suspended as a condition of a plea bargain. For a guilty defendant, the advantages to a plea bargain are clear; either reduced charges or a reduced sentence. Sometimes a plea deal can reduce a felony charge to a misdemeanor, but thats only a advantage to the defendant. Many plea deals have resulted in a reduction of sentence for the defendant. One gain in the plea bargain system is the fact that the judge in the case does not have to accept it. The prosecution can only recommend the agreement to the judge, but he cannot guarantee that the judge will follow it. As far as the victim goes, plea bargaining can give them closure to go on with their life and receive the justice they seek. Some states have victims' rights law that require a prosecutor to discuss the terms of any plea deal with the victim of the crime before making the offer to the defendant. In my opinion, plea bargaining is acceptable because it saves the system a great amount of time, money and resources only if it was entered with full knowledge and willingness. Even though the defendant in the end may not get a sentence agreed upon by others, they still have to serve time for their acts of crime. Plea…
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.…
There are obvious advantages in terms of time and cost for the judicial system. For judges and prosecutors, plea bargaining provides relief to hectic schedules and an overcrowded docket. Any case resolved outside of the court setting can also ease the burden on limited funds and personnel. Another benefit for prosecutors is the assurance of a conviction, whereas a trial offers the possibility of acquittal. For the defendant, a plea bargain usually involves a lesser charge on their record and a…
Punishment can be broke down into four fundamental objectives. These objectives are deterrence, retribution, rehabilitation, and incapacitation.…
Fred is drunk and driving his dad’s car. Fred is a 21 year old student at Columbia College. Fred rams into a parked car at 10th and Rogers. Thinking no one saw him; Fred moves his car and parks it on an adjacent lot. He sprints to his dorm room in Miller Hall. A neighbor saw the wreck and Fred running to the dorm. Police are called and they arrive ten minutes after the wreck. The officers see several empty beer cans and a bottle of tequila (half full) in the front seat. The tags are traced to Fred’s dad, who is called by police. Dad says that Fred is a student at Columbia College. Police run Fred's record and determine that he has two prior DWIs within the past five years. The third DWI in 10 years is a felony. Police contact Columbia College security who leads them to Fred’s dorm. Fred is passed out, so security lets them in. The officers smell intoxicants, give Fred some Field Sobriety tests (he fails) and confirm that he was driving the car. Fred is arrested for DWI. It is his third offense, a felony under Missouri law. Fred is given a breath test, which registers at .13 on the scale. During the processing of his arrest paperwork, the officers search Fred’s possessions which he brought to the station, and a small quantity of cocaine is found in Fred’s pocket. Fred is charged with DWI, leaving the scene, and possession of cocaine. What issues do you see? How should they be resolved? (50 points)…
Fines are one of the oldest forms of punishment, the use of fines as criminal sanctions suffers from built in inequities and a widespread failure to collect them (Schmalleger, 2011). Fines can deprive offenders of the proceeds of criminal activity, and also promote rehabilitation by enforcing economic responsibility (Schmalleger, 2011). People have to pay fines when they break minor laws, such as driving while intoxicated, reckless driving, disturbing the peace, public drunkenness, and vandalism (Schmalleger, 2011).…