A defense attorney represents the accused from arrest to final appeal. An individual accused of a crime has a constitutional right to counsel during every stage in the criminal process. Defense attorneys represent their clients before trial starting from arrest and through interrogation, lineup, and arraignment. They may negotiate a plea bargain with the prosecutor to avert a trial or defend their client at trial. Defense attorneys provide assistance at sentencing and appeal if the accused is convicted.
Utilitarianism is the act committed, ways to prevent new crimes, and how to stop from repeating the crime. Last virtue ethics is character of the person, it is to achieve civil peace through moral virtues, and it helps rehabilitate or reform the offender. If Nifong believed that the defendants were in fact guilty then he could use the evidence he had against them. He had enough to support the beliefs that he had; therefore, if he believed them to be guilty, he could have gathered enough evidence to support that belief rather than hide the proof favorable to the defendants. I do not see the moral permissibility to bring charges to FedEx.
“ In this control model , the control of criminal behavior is by far the most important function of criminal justice.” (Bohm, Hailey, 2012,p.16.). Defendants are presumed to be guilty upon their arrest and resolving their cases is a major point in this model. Plea deals are used to alleviate the overcrowding in the criminal justice
A “Plea bargain” is an agreement between the prosecutor, the defendant’s attorney and the defendant. In return for the defendant entering a plea of guilty to a criminal charge, the prosecutor agrees to recommend to the judge a particular penalty. Plea bargaining allows the prosecutor to obtain guilty pleas in cases that might otherwise go to trial. The prosecution is relieved of the burden of proving the case beyond a reasonable doubt at trial and the defendant receives a specific resolution of the charges against him.
The court found it necessary to mandate notice to defendants about their constitutional rights. The complete meaning and reason of Miranda Rights. Miranda Rights are used during anything involving the police or court. The Right to Remain silent during an arrest.
According to the West’s Encyclopedia of American Law, extradition is the transfer of an accused from one state or country to another state or country that seeks to place the accused on trial (legal dictionary). The country or state whom wants the person accused for a crime must provide documentation on the explaining why they want him or her in their custody (Zabyelina). Reason can range from murder, illegal goods being sold, and other serious offences. Within the documentation, the state or country must make sure they aren’t trying to charge him just because of color of skin, nationality, or religious believes. In addition, they must be given a fair trial with unbiased court.
Part 1 Explain the process of competency restoration. According to Hubbard, Zapf, & Ronan, (2003), “Competency restoration is the process used when an individual charged with a crime is found by a court to be incompetent to stand trial, typically due to an active mental illness or an intellectual disability.” Before the legal process can continue, a suspect should be restored to competency. That gives the suspect the chance to consult with his or her defense lawyer to have a factual and rational understanding of the legal proceedings.
The criminal justice system has many steps and procedures, and also many stages. These stages break up the process in order to make sure nothing is missed before the final decision has been reached. It starts with getting arrested, then the bail must be determined, then the pleas entered, hearings scheduled, and motions heard. “The police, the defense lawyers, the suspects, the judges, the witnesses, the victims, and whoever else is involved in the drama of crime and punishment must follow the rules of criminal procedure” (Wright, 2013). Let’s start from the beginning.
About The Plea The Plea is a film that tries to inform society of the issues with plea bargains and the overall criminal justice system. In the film, a couple of people who were all innocent where charged for a crime that they didn’t commit. The reason for the charges where, mostly, because they took plea deals due to the pressure that they received either by the lawyers, judges, or/and family members. According to Lynch (2003), “More than 90 percent of the criminal cases in America are never tried, much less proven, to juries” (p. 24). Our System Encourage Innocent Defendants to Plead Unfortunately, due to the amount of crime activity that is going on, the court has to many cases to handle and plea bargains are pushed on people to avoid the long process of a trail.
When a person enters into a plea bargain agreement after coviented of a crime, that person who is being prosecuted have to make importants decisions. One of the most key decisions is how that person plead (Guilty or Not).“A plea is formal statement made on behalf of an accused person or made by the accused in court in response to the charge made against him” (Martin, 2003). Before a defendant plea Guilty or Not he/she have to enters into a plea bargains. A plea bargains are an agreement in a criminal case between the accuse person (defendant) and prosecutor usually involves the defendant pleading guilt in order to get reduced sentence, in stead of the case going before a jury. When a defendant accept a plea bargain he/she is giving up their Sixth Amendment to the United State Constituation.
Plea bargaining should be allowed in the court system. This is because the plea bargains are quick which saves time in court. It also saves the expenses of the state. It is easier to just admit to the case to receive the lesser sentence. There also might be some added information that could lead to locating missing people, remains of a victim or kidnapping victims.
Michael, Thank you for your very important read, I found it quite interesting considering the you believe that plea bargaining may provide a way to rehabilitation. I mean after all, the processes by design is very difficult. Plea bargaining is to close to the adult court system, in order to achieve this idea, there would have to be a shift and separation from adult punishment and punishment toward the treatment of a child. If a juvenile does participate in a plea bargain in most states would generally be a waste of time. Because usually the notion of pleading guilty for a lesser charge is not possible because there are no variations in charges with certain sentences considering the circumstance.
Innocent Until Proven Guilty Innocence is a very tricky subject to cover through the course of a paper. In the play Doubt: A Parable by John Patrick Shanley there is one fundamental question. Throughout the story a woman named Sister Aloysius is the principal of St. Nicholas School, and she is suspecting the pastor, Father Flynn, of having inappropriate relations with one of their students, Donald Muller, and wants to have Father Flynn kicked out the church. I am arguing that Father Flynn is an innocent man through the way that he treats and cares about the boys and that Sister Aloysius is a crazed, hell bent woman willing to do anything to get him out of the church.