When faced with criminal charges, a defendant often has one simple goal. That is, to minimize the potential penalty. Of course, being found innocent at trial, and being aquitted, is the best way to avoid jail time and other penalties. However, going to trial can be risky because it is impossible to predict what a jury will decide. Therefore, many defendants choose to enter a plea bargain agreement with the prosecution.
In July 2008, the Criminal Justice System began one the most horrified case in the United States. This case called the attention of many civilians around the nation; making it one of the most controversial cases in this time. However, Casey Anthony was the primary suspect in this case, the police have enough evidence to arrest her. After Anthony Casey arrest the trial begin until the case was resolved and a sentence is concluded. It is a process involved different government agencies.
The positive of the guilty plea is a controversial aspect of the criminal justice systems. He helps to solves the cases faster, speed up legal procedures, eliminate the number of cases in the court. Save time and money to the government. In addition, reduce the number of people in prisons. People who accepted plea bargaining, some of them get a probation, and can go home. But they not able to pay their fines.
A plea bargain is an optional agreement that occurs during a criminal case between a prosecutor and defendant. These agreements are options for the defendant to take rather than taking their case to trial. Ninety-seven percent of all federal cases and ninety-four of all state cases are all settled by plea bargains() Plea bargaining has become a normal process when it comes to court cases. Although every individual has their own beliefs, plea bargaining helps out our criminal justice system but in contrast it is taking away from the value of the criminal justice system. Just like in every story we are faced with two different sides a positive and a negative.
Plea bargaining is a process of negotiation and results in a plea agreement between the defendant and the prosecutor for lesser charges. Basically, plea bargaining circumvents the trial process by evading more serious charges. About 97% of federal cases and 94% of state cases are disposed of by this method without ever going to trial. There can be advantages and disadvantages to this.
Plea bargains are beneficial to the prosecution because it reduces the overall costs of the criminal prosecution, devotes more time to serious cases, the administrative efficiency of the courts is greatly improved, and recourses can be devoted to cases that need greater attention. The defendant also avoids possible detention and an extended trial and may receive a reduced sentence. I believe that the defendant benefits more from a plea bargain because it would create a better outcome for them in the long run. I think we should only allow plea bargains for misdemeanors. Murders and other serious offenders should not be allowed this right to help their future.
In our country, the judicial system, being fair and powerful is still very slow. It has always been very crowded. Since the courts are over crowded, prosecutor’s case-loads are over loaded and defendants wants to save time and money, as the result of which an informal and easy way of pre-trail bargaining came into play. Its is known as Plea-Bargaining. 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
The steps in entering a guilty plea is extremely important and the offender must understand the consequences of pleading guilty to a case. The Unites States Supreme Court has held that a guilty plea constitutes a conviction. The Federal Rules of Criminal Procedure require judges to inform the defendant of the various rights he or she is surrendering by pleading guilty. Additionally, entering a guilty plea must be voluntary and not forced or result of any promises. There must be a factual basis to make sufficient inquiry for the plea. The process a case moves through the justice system is an arrest, the initial appearance, the preliminary hearing, the arraignment, and the trial. Immediately after a defendant is brought into court during an arraignment
First step is the initial appearance which will happen within 24 hours of your arrest. Here the defendant is brought to court and informed of their constitutional rights. They are asked if they can afford counsel. The judge informs the defendant of the charges against him. Next step is bail. The court decides what to set bail at and if the defendant is a flight risk or a danger to the community. Then there is the arraignment. This is where the defendant is formally called on to plead to the charge after the judge reads the substance of the charge. You must have an attorney to help you or one will be appointed. There could be some plea dealings happening during the arraignment. The prosecution can choose which way to indict you either preliminary
Plea bargaining is defined as an agreement between a prosecutor and a defendant whereby the defendant is allowed to plead guilty to a lesser charge rather than risk conviction for a grave crime in order to avoid a protracted trial or to win the defendant's cooperation as a witness ("Plea Bargaining", 2014). A plea bargain can make a substantial difference in the sentencing outcome of a defendant. The prosecution uses this type of bargaining for leverage against the defendant. This means the defendant can be offered to give a testimony of the events that can eventually lead to a charge and conviction of a higher profiled case. This is typically the case; usually the prosecution offers a plea bargain to reduce on court time
According to the Oxford Dictionary of Law, plea bargaining is to be defined as "an agreement between the prosecution and the defense by which the accused agrees to plead guilty to a lesser charge in return for an offer by the prosecution" This entails that the two sides of the criminal case will come together in agreement of a punishment without having the case go to trial (Plea bargaining, 2015).
Is the American Justice System fair? This question has caused many controversies amongst Americans. Every year, stories emerge that serve as a reminder that the American Justice system, means injustice for many. The real question is who is sent to prison and who walks free? A question that many would like to believe is properly answered by judges, jurors, and attorneys. But unfortunately, that is not the case. I will be elaborating on a specific case that will emphasize on how our justice system can truly be biased.
Plea-bargaining as defined in Black’s Law Dictionary , “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. It usually involves the defendant’s pleading guilty to a lesser offence or to only one or some of the counts of a multi-count indictment in return for a lighter sentence than that possible for the graver charge.”
Because of the practical benefits of plea bargaining, it is doubtful it will be eliminated anytime soon. It helps the Court and State to manage the caseloads (Worrall & Moore, 2014). It reduces the work load of the prosecutors enabling them to prepare for gravest case by leaving the effortless and petty offences to settle through plea bargaining. It is also a factor in reforming the offender by accepting the responsibility for their actions and by submitting them voluntarily before law, without having an expensive and time consuming trial (Worrall & Moore,