Plea bargaining can present a dilemma to defence counsel in choosing between vigorously seeking a good deal for their present client or maintaining a good relationship with the prosecutor for the sake of helping future clients. There are few ways to bargain with the prosecuting officers. For both the government and the defendant, the decision to enter into or not to enter into a plea bargain can be based on few things. One of them is the seriousness of the alleged crime. Other than that, the strength of the evidence in the case will also be taken into consideration whether to allow or not plea bargain.
The defendant will often plead guilty to a less serious charge or to a single of several charges in return for dismissal of the other charges. The defendant may also plead guilty to the original charge but in return for a lenient sentence. It allows the parties in the case to avoid lengthy trials and may allow the defendant to avoid the risk of
Plea Bargaining is defined as the agreement between the prosecutor and the defendant, whereby the defendant agrees to his or her guilt of crime that has been committed in return for some concession from the prosecutor. This means that the defendant pleads guilty for a less serious charge or to one of the serious charges, in return for the dismissal of other charges or the defendant will plead guilty to the original criminal charge in return for a lighter sentence. This process allows both parties to save their time by avoiding lengthy trails and also allow the defendant to avoid the risk of conviction at trial on more serious charge. Plea bargaining is an agreement in a criminal case in which the prosecutor and the accused arrange to settle the case against the accused and it is also referred as plea-deal or copping a plea. The procedure of plea bargaining is very simple, it increases the efficiency of the courts and reduces the time and expense of the defendant.
Thesis: Police interrogations can occasionally lead to false confessions due to misclassification, coercion, and contamination. I. The phrase “Innocent until proven guilty” is a popular statement among law enforcement and government employees, but this statement is not always upheld, as various errors, such as misclassification, are a major cause of false confessions. A. Misclassification errors are caused by “investigator bias,” where the investigator goes into the interrogation believing the suspect is guilty. (Keene) B.
As time progresses, it is assumed the witness’s memory would become more clouded. If a witness becomes more confident in their recollection of the perpetrators features after a length of time, this could be a form of confirmation bias: a way to put the traumatic case behind them. It is easier psychologically to identify a suspect and obtain closure than it is to live knowing that your attacker could still be out there. To combat this, it is suggested that the victim be questioned immediately after the incident to prevent memory deterioration, and with open ended questions to allow for free recall so as to obtain as much information as possible; even a cognitive interview would be
Most criminal cases end when the defendant (the person accused of a crime) pleads guilty. Guilty pleas are usually favored by everyone involved – each side gets some benefit: A trial isn’t added to the judge’s already-busy court schedule; the prosecution gets a conviction, and the defendant gets some favored treatment, like a sentence that’s less than the one he’d probably get if he went to trial and lost. Pleading guilty comes at a cost, though. A defendant gives up a lot of important rights, like a jury trial and confronting witnesses. It also means conviction and punishment.
The notion that restorative justice “is ‘soft on crime,’ equates with ‘political suicide’ despite potential cost-cutting and restorative benefits.” To challenge fears about a loss of political capital from policy makers and prosecutors, there needs to be a shift from focusing on punishment to focusing on accountability, which can be far more demanding of offenders because it requires engagement and action. In this way, restorative justice becomes “tough on crime,” and a prison sentence becomes “soft on crime.” Isolated Implementation Restorative justice is not a quick fix program. In fact, restorative justice has been called a process, not a program. It works best with a paradigm shift in the way people think about justice and punishment,
The Advantages and Disadvantages of Arbitration In the United Kingdom, often arbitration is used as a litigation alternative. The advantage of selecting arbitration for resolving the disputed includes; • The awards of arbitration are easily enforceable than the court judgments • Due to arbitration, the parties can exercise the right of keeping the dispute out of national courts hence providing them the neutral and lenient forum to resolve the dispute. • Arbitration offers the parties a flexible procedure due to which the parties have the option to agree on the venue and offers the parties the right of selecting procedure of deciding the matter and allows the parties to exercise their choice of selecting the arbitrator. • Arbitration provides limited ground for appeal or challenge. • Arbitration offers private and confidential procedure to both the parties (Stipanowich, 2009).
Conciliation The practice of bringing together the parties in a dispute with an independent third party, so that the dispute can be settled through a series of negotiation. (businessdictioary) Advantages Disadvantages Cheaper option than litigation Heavily relies on skills of conciliator Private and confidential process The process could be considered too informal so parties may not take it seriously Identifies and clarifies main issues in dispute. Parties may feel the conciliator is not neutral and may not lead to a resolution Guide book on conciliation (1999) To conclude, I will suggest it be best for the dismissed project manager and my client to use the conciliation method because comparing all three ADRs, in conciliation, there is a trained, impartial person to help make the final dicision.it is less expensive and also save the relationship between the Ghana government and both my client and the project manager. It is also a Private and confidential
The person is called a mediator. Secondly, the Conciliation is another method that is used to solve disputes between parties and involves a third party taking an interventionist approach. The third party plays an active role making independent decisions, however the parties involved are not destined by these proposals. The Conciliation is a creative process, whereby parties can choose from a diversity of choices in shaping the outcome. In case the conciliation becomes a court procedure, the conciliation process becomes useful in recognizing and simplifying the issues within the case so that it can be allocated effectively in