An important distinction: "Not guilty by reason of insanity" and "diminished capacity" Although a defense known as "diminished capacity" bears some resemblance to the "reason of insanity" defense (in that both examine the mental competence of the defendant)‚ there are important differences. The most fundamental of these is that‚ while "reason of insanity" is a full defense to a crime -- that is‚ pleading "reason of insanity" is the equivalent of pleading "not guilty" -- "diminished capacity" is
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front of a jury of their peers and a judge‚ they are most likely will be offered a plea deal. Now this plea deal if it is accepted by the offender will stand as their punishment for the crime committed without having to go through court and trial which in some cases helps to spare the victims from having to testify in front of the person that had wronged them. Rape victims are the ones that are the most beneficial from plea bargaining‚ they do not have to face the offender that brought them such harm
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Determine Appropriate Uses for Plea-bargaining A plea bargain (“offer”) is an acquiescent in a criminal case whereby the prosecution may offer the defendant the opportunity to plead guilty‚ conventionally to a lesser charge or to the pristine criminal charge with a proposal of a lighter than the maximum sentence. This opportunity sanctions defendants to avoid the risk of a conviction by trial on a more serious charge. This allows a court’s caseloads to be lighter without exhausting resources of
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Ethical Considerations Associated with Plea Bargaining Plea bargaining occurs when both sides in a case compromise to settle the matter before having a judge or jury decide. More often than not‚ the defendant pleads guilty to a crime that carries a less harsh sentence than the actual accused offense. The ethical dilemma is one of convenience over justice. This approach‚ however‚ might cause ethical dilemmas‚ such as inequality in the justice system. The courts are clogged‚ prosecutors are overworked
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PLEA BARGAINING The former Chairman‚ Local Government Election Petition Tribunal in Oyo State‚ Justice Waheed Olaifa (rtd)‚ has described plea-bargaining as a bad compromise which is eroding the integrity of the judiciary and deepening the culture of corruption in the country. Olaifa who spoke with journalists shortly after he bowed out of the bench‚ noted that plea-bargaining was a strange element in the Nigerian legal system. He said: “Plea bargaining is not in our own law. Instead of allowing
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Is Plea Bargain Unconstitutional The goal of this research paper is to analyze plea bargain and discuss whether it complies with Constitution of United States. In order to accomplish this goal‚ conception of plea is explained in details‚ as well as its advantages and disadvantages for some of the participants and the system as a whole. Also Constitution is analyzed in terms of plea bargaining case in order to find out how it correlates with principal law. Besides cases of using plea bargaining and
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The Ins and Outs of Plea Bargaining Alisha Holt CJA224 June 8‚ 2013 Peter Helfer The Ins and Outs of Plea Bargaining Introduction 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
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defendant has used the insanity plea as a defense‚ in which they have thought out and did intend on executing the crime as a result of mental illness. Even though some people are right about abolishing this legal defense because some defendant may take this as an advantage and hopefully be declared as not guilty‚ I still believe that the insanity plea is still an essential part of a rational criminal justice system. According to Psychology Today‚ the insanity plea has been used less than 1% of all
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Plea Bargaining Paper Donnita Macon CJA/224 February 11‚ 2015 Ashley Webb Plea Bargaining Paper In this essay it will discuss the following: Define plea bargaining‚ distinguish between charge bargaining and sentence bargaining‚ compare and contrast the advantages and disadvantages of plea bargaining‚ and last but least describe how plea bargaining reflects or thwarts the crime control and due process models of criminal justice. According to ‘’Merriam Webster’’‚ 2015 Plea bargaining
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A large portion of society opposes the insanity plea because they believe that criminals falsely enter the plea to be acquitted of a crime. According to the court‚ there is doubt in the defense and their ability to properly diagnose an offender. Psychiatrists may have disparate diagnoses and this takes away from the legal value of not guilty by reason of insanity (Doherty). In past cases‚ the jury is not quick to acquit a criminal‚ due to insanity‚ because of the small chance that the offender may
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