In the United States court system, many criminal cases are not resolved in a timely manner. One of the more common ways in which many cases are resolved quickly is through plea bargaining. Plea bargaining is defined as an agreement between defense attorneys and prosecutors. (Spohn & Hemmens, 2012) Alschuler (1979) describes plea bargaining as the self-conviction act of a defendant. Today, approximately ninety percent of defendants plead guilty because of plea bargaining. The defendants utilize plea bargaining rather than continuing to the trial process. (Alschuler, 1979)
There are two different types of plea bargains used in our court system; charge bargaining and sentence bargaining. The first type, a charge bargain, involves a guilty plea in exchange for a less severe charge. For example, John Doe is charged with rape, but pleads guilty to sexual assault. The second type is called sentence bargaining. Sentence bargaining involves the prosecutor recommending leniency during the sentencing stage. For example, Craig pleads guilty to a misdemeanor petty theft. The prosecutor would likely recommend no jail time for the defendant. (Spohn & Hemmens, 2012) These two …show more content…
Today, many criminal cases are solved through the utilization of plea bargaining. If a defendant does not or cannot utilize this practice, the case will continue through the trial and adjudication processes. There are many factors that are involved in the process of plea bargaining. If the evidence for a case is not sufficient, a plea bargain may not be used. Our court system also uses two different types of plea bargains; charge and sentence bargaining. While these types of plea bargains seem similar, they have slightly different functions. Charge bargaining allows the defendant to be granted a less severe charge for his or her crime. Sentence bargaining allows the possibility of no jail time or perhaps a shorter
Click here to unlock this and over one million essaysShow More
I will be discussing the key facts and critical issues presented in various roles/goals within the United States (Schmalleger & Smykla, 2015). The The Various roles/goals of Sentencing within the United States. In a narrative format, discuss the key facts and critical issues presented. The various goals of criminal sentencing today are revenge, retribution, just deserts, deterrence, incapacitation, rehabilitation or reformation, and restoration (Schmalleger & Smykla, 2015). The first is revenge.
David Feige’s Indefensible: One Lawyer’s Journey nto the Inferno of American Justice invites people from all walks of life to a second hand experience of the criminal justice system hard at work. What is most interesting about Feige’s work is its distinct presentation of the life of a public defender in the South Bronx. Instead of simply detailing out his experiences as a public defender, Feige takes it a step further and includes the experiences of his clients. Without the personal relationships that he carefully constructs with each of his defendants, Feige would not be able to argue that the criminal justice system is flimsy at best, decisions always riding on either the judge’s personal attitudes or the clients propensity towards plea bargaining.
Is Plea bargaining ethical If you could take a deal that would swap your prison sentence from 20 to 16 years even if you were guilty would you? What if you and the defense lawyer didn’t know what the evidence was yet. What if the prosecutor said you can either take the deal or you can go away for as long as i can get? These occur in the plea bargaining system.
A plea bargain is an agreement between the prosecutor and the defendant in a criminal case. The prosecutor gives the defendant the opportunity to plead guilty to a lesser charge or to the original charge with less than the maximum sentence. For example, the prosecution and the defense may agree to a misdemeanor charge instead of a felony charge or the parties may agree to a sentence of 12 years instead of 20 years if the recommended sentence for that crime is 10-20 years imprisonment.
Prosecutors have the power to send offenders away which allows them to make harsh decisions. They offer plea bargains to offenders which often will enable them to do time in prison. Pfaff stated that "as long as prosecutors simply use the tough laws as a bargaining chip, not real punishment, legislators can reap the political benefits of looking tough on crime while avoiding difficult financial decisions" (Pfaff, 2017, P136). Prosecutors offer a plea bargain to get rid of cases quickly and not allow offenders to go to trial because they might receive more prison
The United States Criminal Justice system has a unique way of approaching and handling criminal trials. In criminal trials there are important court room members with specific roles and certain court room procedures that must be followed. The court room members include the jury, the judge, the prosecution, and the defense. Some of the procedures of a criminal trial are arraignment, preliminary hearing, the trial itself, opening statements, direct examination, cross examination, closing arguments and the verdict. Each court room member’s goal is to fulfill their responsibility and to help justice be served.
In conclusion in my opinion plea bargaining could be perfect for some people that have not committed a crime but the evidence against them is too much, and they know that there is a greater possibility that they will be convicted of the offense. In some cases, people get off easy and do not have to suffer like that
In 1994, Congress passed the Truth-in-Sentencing Incentive Grants law. Truth-in-Sentencing laws were put into place to help reduce the possibility of an inmate being able to have early release from incarceration. Each state has their own policies, rules and regulations for inmate release. The truth-in-sentencing law requires that offenders serve the majority of their prison sentence imposed by the court in order to be eligible for release. Previous policies included reducing the amount of time the offender served on a sentence, such as good behavior, earn time, and the parole board made a decision to release an inmate.
For the Application of the Criminal Justice System project of the Criminal Justice course, I chose the arrest of John Burke. This case is about the arrest and sentencing of John Burke who had shot and killed Joseph Ronan. Twenty-five year old John Burke agreed to meet with 22 year old Joseph Ronan at Ronans home, in Reading, Massachusetts on Monday, August 15, 2011 around 1pm, with the intent of purchasing Percocet pills. (Boston.com, 2013) However, shortly after entering Ronans home, Burke opened fire (News, 2011), and after shooting Joseph Ronan several times, with the belief that Ronan was involved in a robbery at Burkes apartment in April 2011 (Boston.com, 2013), fled the home.
This paper is to help show how sometimes judges can be Bias or inherent in the amount of bail set and other restrictions for pre-trial release while showing the concept of bail what can be done to prevent arbitrary and potentially prejudiced decisions from being made in the courtroom when it comes to bail by the judge, Also discuss the pros and cons of private vs. public defense. Introduction This paper will show the pros and cons of pre-release and define pre-trail release and bond, arbitrary. bond types also look into the factors of bail amounts a judge looks at to determine how much the defendant’s bail is and a few ways to prevent arbitrary and potentially Prejudice decisions from being made in the court by judges.
Since the courts are backlogged and many public defenders and judges being overworked, this causes plea bargaining to be used repeatedly. According to Walker et al. (2018), plea bargaining leaves many people no option but to plea guilty even when this is not their best option. This is due to a multitude of reasons but mainly to receive a lesser charge. For example, a felony and little time in jail may be better than risking multiple felonies and an excessive amount of time in jail.