Preview

POLSCI

Powerful Essays
Open Document
Open Document
3460 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
POLSCI
Final Reaction Paper in Political Science 100

PLEA BARGAINING AGREEMENT
In the
PHILIPPINES

Agustin, Ed Vergel L.
Caysip, Rodante Jr. J.
Del Rosario, Mara Joy T.
Pranilla, Venus D.

Submitted to:
Mrs. Belledesma Villaver

PLEA BARGAINING AGREEMENT
We all know that plea in legal terms is simply an answer to a claim made by someone in a civil or criminal case under common law using the adversary system. It is an allegation offered in pleading a case.
What is this plea bargaining agreement referring for? Plea Bargaining Agreement according to encyclopedia, it is an agreement in a criminal case where by 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 less than enthusiastic over the prospect of openly admitting criminal behavior without the benefit of a trial.
A plea bargain is an agreement between the prosecution and the defense whereby a person accused of a criminal offense may plead guilty to a criminal charge in exchange for a more favorable settlement.
Often times, suspects either face several criminal charges or a severe criminal charge with impending severe consequences. As a way for the prosecution to secure a conviction, they often offer a defendant a plea bargain. This not only ensures a guilty verdict on at least one charge a suspect may face, but allows the prosecution to speedily process a case.
This is a controversial issue for today because it allows criminals to face lesser charges and lesser penalties for severe crimes.
According to John Rawls, "Justice is the first virtue of social institutions, as truth is of systems of thought." Justice is the concept of moral rightness based on ethics, law, natural law, religion, fairness, or equity, along with the punishment of the breach of said ethics.
In this way, justice is not really served to a victim. It
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Good Essays

    Plea Bargain Research Paper
    • 932 Words
    • 4 Pages

    Plea Bargain Research Paper

    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…

    • 932 Words
    • 4 Pages
    Good Essays
    Read More
  • Better Essays

    The Ins and Outs of Plea Bargaining
    • 1298 Words
    • 6 Pages

    The Ins and Outs of Plea Bargaining

    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).…

    • 1298 Words
    • 6 Pages
    Better Essays
    Read More
  • Good Essays

    Spanish English Colonies Research Paper
    • 727 Words
    • 3 Pages

    Spanish English Colonies Research Paper

    The French, Spanish, and English all tried to colonize the Western Hemisphere. The French colonization in America started in the 16th century, and continued through centuries as France created an empire in the Western Hemisphere. They founded most colonies in the east of the U.S.A, and many Caribbean islands. The English were one of the most important colonizers of the Americas, and had a rivalry with the Spanish. The English began colonizing in the late 16th century and came out on top when all their colonies were built through America. The Spanish conquered most of the Western Hemisphere, and their colonization attempts were started by the Spanish conquistadors. It all started with Christopher…

    • 727 Words
    • 3 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    Pros And Cons Of Plea Bargaining
    • 177 Words
    • 1 Page

    Pros And Cons Of Plea Bargaining

    Some pros of plea bargain is, creating a less over-crowed, over-whelmed system by taking simple cases away. With taking smaller cases away the prosecutors will have few trials to deal with and they will be more effective to the major cases they have. Another positive thing is that not matter if…

    • 177 Words
    • 1 Page
    Satisfactory Essays
    Read More
  • Good Essays

    Court Case: The Sandoval Case
    • 1340 Words
    • 6 Pages

    Court Case: The Sandoval Case

    An attorney can not make decisions for you but a seasons defense attorney would generally know how the prosecutor is in terms of flexibility in plea bargaining. Plea bargaining is where the prosecutor would recommend a lesser sentence or even lower the charges against you in exchange for a guilty plea. In some cases, it may be smart to wait until all the evidence is on the table before making a deal, but the extent of their deal will only go as far as the evidence, the severity of the crime and criminal history. The general goal for plea bargaining is to quickly resolve the case while also obtaining a guilty plea for a lesser sentence. The court would also decide whether or not the suspect would be eligible for bail. Next is the pre-trial hearing. The pre-trial is used to handle specific issues with the case and typically involve the judge, prosecutor, defense attorney, the defendant and sometimes other involved parties like Officer Gassman, an officer testifying for the trial. Pre-trial motions can be filed by both the prosecutor and the defense and their purpose is to better increase their chances of success for the…

    • 1340 Words
    • 6 Pages
    Good Essays
    Read More
  • Better Essays

    LS308 Unit 9
    • 1694 Words
    • 5 Pages

    LS308 Unit 9

    There are many functions of any court system. The primary function of the criminal courts in society is to help keep domestic peace. Criminal court is one of the major components of the criminal justice system. When an arrest is made it is the judge and prosecutor who are in charge of deciding what punishment will be sufficient as well as if it is necessary to take the case to trial (Steven Barkan, Law and Society: An Introduction, 279-280. Pearson Education, Inc. 2009). If everything works as it is intended to work, those who are guilty will be found guilty, those who are innocent will be found innocent, and it will not be determined by the defendant’s social class, race/ethnicity, or gender (Steven Barkan, Law and Society: An Introduction, 279-280. Pearson Education, Inc. 2009). Unfortunately, just like most things, the criminal court system is not void of flaws. There are still innocent people that are found guilty and guilty people who are found innocent. There have even been innocent people who have been executed in states the practice the death penalty.…

    • 1694 Words
    • 5 Pages
    Better Essays
    Read More
  • Good Essays

    Role Of Plea Bargaining In The Criminal Justice System
    • 623 Words
    • 3 Pages

    Role Of Plea Bargaining In The Criminal Justice System

    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.…

    • 623 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Pros And Cons Of Plea Bargaining
    • 626 Words
    • 3 Pages

    Pros And Cons Of Plea Bargaining

    The question we are debating today is whether or not plea-bargaining undermines the Criminal justice system? The job of the Criminal justice system is to protect the citizens of the United States. How are we protecting them if we give criminals shorter sentences than they deserve? When we plea bargain we release more criminals back into the streets and put citizens of the United States' safety at risk. A plea bargain is an agreement in a criminal case in which a prosecutor and a defendant arrange to settle the case against the defendant. The United states department of justice's mission statement reads: To enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all Americans. This statement is being undermined because not…

    • 626 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Plea Bargaining Used In The Canadian Criminal Justice System
    • 1084 Words
    • 5 Pages

    Plea Bargaining Used In The Canadian Criminal Justice System

    The Canadian Law Dictionary (2013) defines “plea bargaining” as “an informal practice where the accused uses his or her right both to plead guilty in order to bargain for a benefit that is usually related to a charge or the sentence”. A plea bargain is the most common method used in the disposition of criminal cases and makes up 95% of cases in Canada (Barbara, Morrison, and Cunningham, 1976) and usually consists of an agreement with the Crown prosecutor to make an alliance to get the judge to make a sentence. In most cases plea bargaining is considered as a “deal with the devil”. In 1975, the Law Reform Commission of Canada defined "plea bargaining" as "any agreement by the accused to plead guilty in return for the promise of some benefit…

    • 1084 Words
    • 5 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    What Is Plea Bargaining Ethical?
    • 240 Words
    • 1 Page

    What Is Plea Bargaining Ethical?

    Using the fairness and justice decision-making process it made me decide that the use of plea bargaining was unethical; due to the fact that it was not fair that criminals who have committed unlawful acts like rape, robbery, and numerous horrendous crimes were given leniency just because they are acknowledging they executed the offense. Stating your guilty doesn’t mean they reflected upon their actions and are ready to start a new leaf. They have instigated the felony and it is only right that they get the full consequence of their atrocity. Furthermore, what’s worse is that because of the pressure and fear of being convicted, the innocent plead guilty and the immoral run free and continue to disrupt the peace of the community. In conclusion, there is no fairness and justice when there is plea bargaining.…

    • 240 Words
    • 1 Page
    Satisfactory Essays
    Read More
  • Good Essays

    Arguments Against Plea Bargaining
    • 212 Words
    • 1 Page

    Arguments Against Plea Bargaining

    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,…

    • 212 Words
    • 1 Page
    Good Essays
    Read More
  • Good Essays

    Plea Bargaining Argumentative Analysis
    • 642 Words
    • 3 Pages

    Plea Bargaining Argumentative Analysis

    The use of plea bargaining can coerce “innocent defendants to plead guilty” (Guidorizzi, 2013, p. 197). Being arrested is a frightening experience for anyone. If an innocent person gets arrested and is told he can get a harder sentence if he risks going to trial; he may accept a bargain for a crime he did not commit. This comes from the fear of going to prison for even longer. Unfortunately this has happened and continues to happen. Criminologists suspect that “between 2 percent and 8 percent” of innocent individuals plead guilty. That means that at least forty-four thousand innocent individuals are behind bars and most from plea bargaining. An example is when Brian Banks was wrongfully convicted of rape and kidnapping “after accepting a plea bargain under the advisement of his original lawyer” (Rakoff, 2014). He served five years of that sentence. This can have long lasting negative effects for anyone that goes through this. Because plea bargaining has caused innocent people to go to prison, it is a negative practice and it should be…

    • 642 Words
    • 3 Pages
    Good Essays
    Read More
  • Better Essays

    To Build a Fire Character Analysis
    • 880 Words
    • 4 Pages

    To Build a Fire Character Analysis

    In “To Build a Fire” by Jack London, the main character, also known as “the man”, is the protagonist. The protagonist is “the central character in a literary work and the character who initiates the main action of the story.” (Kennedy 2080) The man is a dynamic character whose lack of instinct, thoughtlessness and determination leads him to his own death.…

    • 880 Words
    • 4 Pages
    Better Essays
    Read More
  • Good Essays

    Corrections Current Trends
    • 839 Words
    • 4 Pages

    Corrections Current Trends

    Plea bargaining is a really good trend in sentencing, because plea bargaining is an agreement in which the defendant decides to plea guilty to the offense in return the defendant gets a lesser sentencing. Plea…

    • 839 Words
    • 4 Pages
    Good Essays
    Read More
  • Powerful Essays

    Criminal Courts
    • 2337 Words
    • 10 Pages

    Criminal Courts

    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.…

    • 2337 Words
    • 10 Pages
    Powerful Essays
    Read More

Related Topics