believe that there are instances where plea bargaining can be an effective tool in the criminal justice system‚ however‚ as it stands‚ the overuse of the plea bargain by prosecutors has diminished it’s potential worth as a true bargaining tool by their flagrant daily misuse. While it is understood that the case load for the courts is overwhelmed and an alternative method of securing some form of justice is needed to alleviate the overrun system‚ the use of the plea bargain to alleviate the overcrowded
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Process 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
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Plea Bargaining Process 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
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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
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Historically‚ ‘plea bargaining’ has been understood as an agreement between the prosecution and defence counsels which ultimately results in the defendant being in a position to receive a judgment which is less severe‚ if he or she changes his plea from ‘not guilty’ to ‘guilty’. There is also the possibility that the accused might accept a lesser charge in return for a guilty plea‚ as opposed to the original higher charge that the accused is initially charged with; this is more commonly known as
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Defense of Plea Bargaining article‚ “a plea bargain is a contract with the state. The defense agrees to plead guilty to a lesser crime and receive a lesser sentence‚ rather than go to trial on a more severe charge where he faces the possibility of a harsher sentence.” We are also told in The New York Times Article; Federal Law on Sentencing is Unjust‚ Judge Rules that “about 97 percent of federal criminal convictions nationwide were the result of plea bargains.” In a Frontline Program- The Plea we watched
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PLEA BARGAINS Expository Essay Mehrin Reid PLEA BARGAINS Plea-bargaining can mean many things to many people‚ in and out of the courtroom. Let us first start by defining plea bargain. Plea bargain is defined an agreement in which the defendant enters a guilty plea in exchange for a reduced sentence. This is the technical meaning‚ but as I stated before‚ the word plea bargain can mean very different things to very different people. To the accused‚ the word plea bargain means a freedom
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Plea negotiations began as a way for both prosecutors and defendants to come to a rational agreement before trial‚ but after formal charges have been presented. There are many perspectives in regards to the efficacy of plea agreements‚ all stemming from the canon of the individuals involved. When looking at plea bargains from the perspective of the prosecutor‚ one must remember that not only probable cause shall be met for formal charges‚ but that the prosecutor must also have a reasonable belief
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Plea bargaining is a process of negotiation that usually involves the defendant‚ the prosecutor‚ and the defense counsel and is founded on the mutual interests of all involved. Plea bargaining circumvents the trial process and dramatically reduces the time required for the resolution a criminal case. Bargained pleas are very common. Some surveys have found that 90% of all criminal cases prepared for trial are eventually resolved through a negotiated plea. In a study of 37
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Takiyah Nicholson April 24‚ 2013 Plea Bargaining United States‚ Petitioner VS Gary Mazzanato (93-1340)‚ 513 U.S. 196 (1995) 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
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