The Devil's in the Details
Liberty University | Plea Bargaining: The Devil’s Bargain | Submitted for CJUS 230 to Professor DeBoer | | Sarah Price | 8/17/2012 |
Abstract This article details the history of the plea bargaining process in the United States of America with a brief delve into ancient history. The roles of each player in the plea bargain process: The prosecutor, the defense attorney, and the defendant. Each on has a part to play in the case. The moral and legal viewpoints of leniency, constitutionality, corruption and coercion are also looked at. In the end the final say on the issues are with the Supreme Court of the land which has many cases involving plea bargaining. This article will hopefully give you a good idea about the process and how it teeters precariously between good and bad.
Introduction
Plea bargaining is a tool, precariously balanced between the effective use, and the corrupted use of the tool. It’s a tool that has a long and hard history, from the ancient world of repression to the modern era of freedom and justice. Many participants play a role in the plea bargain process as we know it and the stake holders all have much to risk. Like a card game each player see what the other player wants them to see in order to force a fold and the win. Each player is forced to reveal their hands if they go too far, and if they cheat, there is punishment. The Supreme Court has held many hearings on this subject to ensure the Constitution is upheld in the process. In the end some innocent people are in jail and some guilty ones get a soft slap on the wrist.
A. History of Plea bargaining in the United States
1. The Beginning
Plea bargaining has been used around the world in one fashion or another. From ancient history, forcing political and religious prisoners to recant their positions for lighter sentences, or swifter death, to the current version of a less aggressive tool. In the United States plea bargaining has been around since the
Abstract This article details the history of the plea bargaining process in the United States of America with a brief delve into ancient history. The roles of each player in the plea bargain process: The prosecutor, the defense attorney, and the defendant. Each on has a part to play in the case. The moral and legal viewpoints of leniency, constitutionality, corruption and coercion are also looked at. In the end the final say on the issues are with the Supreme Court of the land which has many cases involving plea bargaining. This article will hopefully give you a good idea about the process and how it teeters precariously between good and bad.
Introduction
Plea bargaining is a tool, precariously balanced between the effective use, and the corrupted use of the tool. It’s a tool that has a long and hard history, from the ancient world of repression to the modern era of freedom and justice. Many participants play a role in the plea bargain process as we know it and the stake holders all have much to risk. Like a card game each player see what the other player wants them to see in order to force a fold and the win. Each player is forced to reveal their hands if they go too far, and if they cheat, there is punishment. The Supreme Court has held many hearings on this subject to ensure the Constitution is upheld in the process. In the end some innocent people are in jail and some guilty ones get a soft slap on the wrist.
A. History of Plea bargaining in the United States
1. The Beginning
Plea bargaining has been used around the world in one fashion or another. From ancient history, forcing political and religious prisoners to recant their positions for lighter sentences, or swifter death, to the current version of a less aggressive tool. In the United States plea bargaining has been around since the
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