Plea Bargaining In The Criminal Justice System

Imagine how a court would be run if it was dysfunctional. With many pieces of evidence to solve one problem that can lead to months after months, just to say those words, “guilty or not guilty.” There was one case that caught everybody's attention and became very famous. In 1994, O.J Simpson was accused for brutally murdering his ex-wife Nicole Simpson and her friend Ronald Goldman. He was sentence to court, and it took about 10 months to come to a conclusion as he walked out of court as a freedman.

The case against Hubert Morgan for the “murder and felonious assault” on correctional officer William Hesson was an appropriate case for a plea bargain. Had Morgan not agreed to the plea bargain, he could have been charged with life without chance of parole for kneeing the correctional officer in the chest while they were both voluntarily wrestling in the laundry room. The plea bargain attempted to reduce the sentence to a maximum of ten years in prison for Hesson’s death. Although I disagree with the charges, it was much more appropriate for Morgan to be sentenced to seven years than to a life sentence without parole. However, even still it would have been more accurate to charge Morgan as a juvenile because he was only seventeen

Federal prosecutors in the case against Jared Fogle have asked a judge to sentence the former Subway spokesperson to twelve years and seven months in prison reports the Associated Press. In August, Fogle pleaded guilty in an Indiana court to one count each of distribution and receipt of child pornography and traveling to engage in illicit sexual conduct with a minor. The former carries a maximum sentence of 20 years, while the latter has a maximum of 30, but prosecutors agreed to a shorter sentence in a plea agreement. Fogle 's attorneys are asking for a 5-year prison term, telling the court that he is 'profoundly sorry ' for his actions.

This is where the controversy comes; Karla was as much guilty as Paul or even more according to some people, but the prosecutors could do nothing because in exchange for plea barging she testified crucial evidence. The prosecutors said that they would have never agreed to the plea bargain if they had seen the tapes. However, the plea bargain received a lot of criticisms from Canadians. A lot of questions were raised, where comes the limit to the use of plea bargain? Did the prosecutors do enough digging before turning to the plea bargain

Throughout the history of the United States there have been numerous court cases that have drawn an incredible amount of public attention. Whether this was because the person involved was a known figure, or the offense that's being charged upon the defendant and/or the conviction that the case resulted in. It seems as if the United States just has an abundant of cases to choose from when choosing to analyze a case and that can possibly be based on the justice system used in the states to proceed a crime in court. One of those controversial cases in the history of the United States was the Lizzy Borden case. This case showed how to escape from the hands of the justice system.

Both sides will carefully weigh the strength of their case and decide whether it is prudent to go to trial. The prosecution may also consider the publicity surrounding the case and whether there is public pressure to prosecute that particular defendant to the full extent of the law. The defense will consider the individual defendant’s desire to go to trial and the seriousness of the potential sentence. The Pros of Plea Bargaining

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.

Lastly, defendants will be able to escape the expensive fees of going to court. Based on the information that was obtained by Marcus Rucker at least thirty percent of cases tend to take the plea. In most cases, there is some evidence, and they would prefer to get a lesser charge and spend less time in jail, then to take a chance. If they do a plea deal, then it would be better for them, and maybe they will get off on some things, that they should be indicted. Marcus Rucker informed me that the ones that are innocent and know that have nothing on them they will go to trial and take that chance because they know that they will be proven innocent.

Since the founding of our judicial system there have always been individuals claiming innocence to a crime that they have been found guilty of, traditionally, after their sentencing no matter how innocent they may or may not be would have to serve, live and possibly die by the decision of their peers. The Innocence Project, founded in 1992 by Barry C. Scheck alongside Peter J. Neufeld faces this issue by challenging the sentencing of convicted individuals who claim their innocence and have factual ground to stand upon. The Innocence Project uses the recent advances in deoxyribonucleic acid (DNA) testing to prove their client’s innocence by using methods that were not available, too primitive or not provided to their clients during their investigation,

If not, then people are going to completely lose trust our justice system The goal of plea bargaining is to resolve a

Plea bargaining raises concerns about the risk of innocent people being wrongfully convicted if they’re persuaded to accept a plea

I do not think that the plea bargain lets someone off easy. While they might receive a lesser change they also are having the fact that they admitted to doing something taken into consideration by the court system when they decide on the punishment. I feel that it equals out in the long run for those who end up taking the plea bargain. In small cases yes the person might get off with just probation, but is probation was something in condensation then the crime could not have been that detrimental. They would not offer something like probation to a deranged murderer if they confessed to killing someone.

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.

(Miladinovic, Z., & Lukassen, J., 2015, February 25) The outcome of a just trial and its verdict, is based on proof of evidence, which ensures what 's best for the

People plead guilty for crimes that are not committed by them to avoid trial, but by doing so the right decision wasn’t made.