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Pros And Cons Of Gideon Vs Wainwright

1082 Words5 Pages

The landmark Supreme Court case Gideon v. Wainwright (1963) ruled that the 6th amendment obligated federal and state government to provide an attorney to anyone who could not afford one. Gideon v Wainwright ruled in favor of public defenders to create a mechanism which limited the government’s power by having them prove their convictions beyond a reasonable doubt. Currently, the Supreme Court ruling has created enormous caseloads that many busy courts struggle to handle. As a solution to the problems of high caseloads, plea bargaining has become the primary method of closing cases. Although achieving greater efficiency for the criminal justice is necessary, overly utilizing plea bargains weakens the criminal justice as it fails to reinforce the principles established in Gideon v Wainwright by foregoing trials. The utilization of plea bargains complicates the ruling of Gideon v Wainwright because it creates a mechanism which seeks to process defendant, quickly through the system by incentivizing lesser …show more content…

Criminal trials are not perfect, but by requiring evidence beyond a reasonable doubt, they can prevent several miscarriages of justice. Considering that innocent individuals may arrive at trial for misidentification, police misconduct or simply being in the wrong place at the wrong time, these individuals are at a disadvantage since by being offered plea deals they avoid trial and avoid the burden of “ beyond a reasonable doubt,” required to be pronounced guilty. Thus, in a CJ system saturated with cases, plea bargains become a mechanism for prosecutors and defense attorneys to bypass trials. For defendants, the fear of incarceration and the unpredictability of juries or judges create the conditions of coercion that might persuade defendants to prefer plea deals over

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Gideon's Army Summary

1170 Words | 5 Pages

At first viewing of the documentary "Gideon's Army.' * you may become overwhelmed by the dire situation of the criminal justice system in the South, specifically with regard to the poorer and less educated population. To observe how stressed the public defenders are, how tapped the resources, and how desperate the defendants, you struggle with the notion that there may not be anything that can be done and it's too big a problem to overcome. But delving into the professional, and, at times, personal life of Travis Williams, a public defender in Georgia, you feel determination and hope. Williams advocates for each client with passion and diligence.

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Review Of Indefensible By David Feige

1415 Words | 6 Pages

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.

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Brian Banks Case Paper

644 Words | 3 Pages

In this case, how do we reconcile the benefits of plea bargaining with the importance of justice? Our criminal justice system is a system where “95% of criminal defendants plead guilty to the charges against them” whether they are guilty or not (pg 11).

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Texas Judicial Branch Case Study

856 Words | 4 Pages

However, a defendant might accept a plea bargain from the prosecution before trial, because the evidence against them is overwhelming. If that is not the case, the prosecution will have to prove their case to a jury beyond reasonable doubt that the defendant committed a crime, and the defendant should have to serve jail or prison time for their punishment as a result of their crime. In conclusion, many people believe the Texas Judicial Branch needs refurbishing for the 21st century.

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Gideon V. Wainwright's Violation Of Capital Punishment

609 Words | 3 Pages

After spending countless hours discussing the criminal court system in class and familiarizing myself with the content of Justice Hands’ quote, I have come to a conclusion that ties together a collection of opinions. The death penalty is an arbitrary and ineffective method of punishment that should only be used under one circumstance; if the defendant has been unequivocally found guilty of the murder he committed and would rather succumb to the death penalty than spend the rest of his life in prison without parole. There have been numerous cases throughout the years that have taken place where a defendant was denied his fifth and sixth amendment right to a lawyer and fair trial, and was left with no choice but to hold himself to deliver his own testimony. These circumstances can dramatically influence the outcome of a trial since it creates an unequal chance for the accused. For example, in both Gideon v. Wainwright and Argersinger v. Hamlin, both defendants were denied their right to a counsel.

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Pros And Cons Of Plea Bargaining

737 Words | 3 Pages

A second disadvantage is that some may say that plea bargaining is unconstitutional since every American citizen has the right to trial by jury (Tapscott, 2017). According to those who oppose plea bargains, there is nothing free or fair about the choice that the plea bargains present (Klau,2013). Adding that defendants are asked to make the choice under pressure because of the possible charges and prison time they face if they don’t accept the plea bargain(Klau,2013). With this in mind, plea bargain can result into unjust sentencing for the

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The Pros And Cons Of Plea Bargaining

652 Words | 3 Pages

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

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Pros And Cons Of Plea Bargaining

747 Words | 3 Pages

Plea Bargaining is the most effective tool of prosecutors to minimize the time required to obtain convictions. Around ninety percent of cases are concluded using plea bargaining. (Barkan and Bryjack, Page 2) This process moves cases through the system quickly and prevents the need to add more judges and court systems if these cases were to go to trial. (Barkan and Bryjack, Page 249) From the judge and prosecutors point of view, this is a necessary and effective method of managing caseloads.

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What Is Gideon's Promise?

798 Words | 4 Pages

Clarence E. Gideon fought for the right for everyone, no matter the special circumstances, to have legal representation in court. This was Gideon’s promise. However, his promise is lost in transition. Although people are now receiving the legal counsel they needed, the quality of the legal counsel is not what they deserve. These counsel are sometimes unfit for the trials they are given causing unfair and often wrongful decisions.

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John Burke Case Study

1567 Words | 7 Pages

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.

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Plea Bargaining System

839 Words | 4 Pages

Plea-Bargaining and its Impact on the Criminal Justice System Introduction The criminal justice system is made to give the punishment to the accused according to the law. Those communities who have a fair justice system usually get success and equality among all the citizens. There are many procedures which are used to settle down the matters between the defender and prosecutor side. Some are related to the justice procedures and others are used to settle down matter outside the courts like plea- bargaining.

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Herbert Packer's The Limits Of The Criminal Sanctions

339 Words | 2 Pages

“ 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

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Three Types Of Plea Bargains

230 Words | 1 Pages

The three basic types of plea bargains: the first one is where the defendant may be allowed to plead guilty to a lesser charge; the second is one is, at the request of the prosecutor, a defendant that pleads guilty may receive a lighter sentence than they would if not requested; and thirdly a defendant may plead guilty to one charge in exchange for the prosecutor’s willingness to drop other charges that could be brought. There are three factors that will cause a prosecutor to decide on a plea bargain, they are the seriousness of the offense, the defendant’s criminal history, and how strong of a case the prosecutor has. Plea bargains serve interest to just about everyone that is involved. Plea bargaining serves the interest of all court’s

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Plea Bargaining In Criminal Justice

1588 Words | 7 Pages

It is a compromise to the right to a jury trial and provides advantages for the prosecutor as well as the defendant. It saves time and resources that would be required in a jury trial and reduces the risk of uncertain sentences on trial. Arguments against its use provide that it is unconstitutional because it deprives the defendant the right to the due process of the law. However, the use of plea-bargains has become an important part of the criminal justice system as it allows for the prompt disposition of

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Essay On Jury Duty

1238 Words | 5 Pages

Prior to this assignment, I had once been to a courthouse; when I was called to serve for Jury Duty. Although I was not very excited about this, upon my arrival at the courthouse, I quickly to changed my perspective and was proud to be an American Citizen and be able to see my rights and have a voice in a case. Unfortunately, my luck did not go too far as I did not have to serve on the trial that day. Since then, I have been wondering what it truly is like to be sitting in a courtroom either as part of the jury or simply for observation. While in Boston, it was challenging for me to find a few hours during the week to go to court with my extremely busy schedule.

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