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 For the defendant, the most significant benefit to plea bargaining is to take away the uncertainty of a criminal trial and to avoid the maximum sentence. Society also benefits from plea bargaining since the agreements lessen court congestion and free up prosecutors to handle more cases.
An example is when his attorney is representing the defendant’s “co-defendants” who are charged with participating in the same crime with the defendant The judge assigned for the hearing to approve the defendant’s guilty plea was involved extensively in the plea negotiations, or maybe even came up with the plea deal itself, and the defendant fears the judge’s retaliation if he doesn’t take the deal The defendant isn’t mentally competent at the time he agrees to the plea, for example, due to a developmental disability, intoxication or influence of narcotics What
A plea bargain is derogation from the concept that a judge can only decide the sentence after hearing in an open Court. The term Plea Bargain is used to cover a number of different things. It is sometimes used to describe the discussions between the prosecution and the an accused’s legal advisers concerning the charges upon which an accused will be presented for trial and including indications that the accused is prepared to plead guilty to certain offences. This may be defined as Prosecutorial Plea Bargaining. The term also covers discussions in which the trial
Theories of punishment and legal procedures determine the fate of those that are sentenced in courts. There are multiple core theories of punishment used to impose a criminal sentence, these theories are as follows; Deterrence, Incapacitation, Rehabilitation and retribution. Deterrence questions weather or not fear can discourage certain crimes. General Deterrence often uses swift and severe sentencing, often using certain accused criminals as examples to discourage would-be criminals. Specific Deterrence focuses on dissuading that specific offender from committing any further crimes.
The answer is obvious: crime. But why does the United States have such a higher rate of incarceration compared to other countries? According to an article done in TheEconomist.com, one of the biggest causes of incarceration is the harsh drug penalties. State legislatures began passing laws that meted out the mandatory-minimum sentences for drug-related crimes, but this still did not make that big of a difference. In fact, according to a chart done by Prospect.org, the majority (52%) of inmates in federal prison are there because of drug related victims.
The judge, as well as lawyers for each side, take part in a procedure referred to as voir dire, which basically entails questioning every potential juror to make sure they are free from bias as it relates to the case. Individuals are relieved from jury duty until 6 of them are left - the selected jury of your peers is going to pay attention to the details of your case and make a decision. • Trial: In a The state has the burden to prove their case in a criminal trial. The prosecution starts with an opening statement, and then the lawyer for the defense have an opening statement. Both sides then supply the proof via exhibits and testimony from witnesses.
When a crime is committed and an individual is caught in the act, there is a set process that one follows to adhere to the rules of the criminal justice system. This method can be simplified by looking at the common flow of events: (1) an individual is arrested, (2) individual is brought to court, (3) individual receives a punishment. Though it may appear that the way in which the criminal justice system functions is sufficient, many voice the concern that there are certain key players affected by crimes that are consistently disregarded. These players are otherwise known as the victims and the community. As a result, many have hypothesized a new approach to justice that incorporate all aspects of crime.
You have several parts of the criminal justice system like law enforcement, prosecution, defense attorneys, you have the court system there are restrictions on a case being prosecuted including the right to confront ones accusers. Nevertheless, the courts are run by judges, all of these are to ensure a fair trial for the accused. Finally the corrections, when there is a conviction and the charges given for jail time the defended will be sent to the corrections system for punishment. As it concerns the victim civil court proceedings as victims speak out more against wrong doers, the offender will know there are consequences. It allows the victim to feel empowered verse being afraid or feelings of hopelessness.
It gives the accused the right to have an attorney present while being questioned. This amendment also allows for an attorney to be appointed for those who cannot afford one. Under this amendment, the accused must know the charges against them and the exact place the trial will be held. In my opinion, the right to counsel is the most important part of this amendment. Miranda’s rights is an example of how the fifth and sixth amendments changed criminal law.
A career as a criminal defense lawyer provides an opportunity to help others, restore justice to those in need, and prove specific point to others. To begin with, criminal defense lawyers are people who investigate cases or do interviews, research all aspects of the law according to the crime, building a defence and a strategy to use in the courtroom, as well as drafting, filing, and arguing motions or appeals (Kane). These are just a few out of the hundreds of thing criminal defense lawyers do on a daily basis. They also examine evidence and interpret it to assist in defending their clients and arguments (“Criminal”). Criminal cases that these lawyers participate in include domestic violence crimes, sex crimes, violent crimes, drug crimes,
If the defendant pleads guilty they are sentenced, if the defendant pleads not guilty then they go to court. Misdemeanor and violation cases are suspended from arraignment and legal matters are made and future court dates are scheduled. During court, the defendant may be found guilty and sentenced. Felony cases are presented to the grand jury. If the grand jury votes on an indictment, the defendant is then arraigned in Supreme Court (Appellate court).