Why Is Plea Bargaining Unfair

It was eventually determined that fair procedures can be used to administer unfair laws. As long as the government acted accordingly with laws, they were exercising due process. As a solution, the concept of substantive due process was created in addition to procedural due process. Procedural due process has to do with the procedures and methods of government action, and substantive

With millions of criminal convictions a year, more than two million people may end up behind bars(Gross). According to Samuel Gross reporter for The Washington Post, writes that also “even one percent amounts to tens of thousands of tragic [wrongful conviction] errors”(Gross). Citizens who are wrongfully convicted are incarcerated for a crime he or she did not commit. Many police officers, prosecutors, and judges are responsible for the verdict that puts innocents into prison. To be able to get exonerated many wait over a decade just to get there case looked at, not many are able to have the opportunity of getting out. People plead guilty for crimes that are not committed by them to avoid trial, but by doing so the right decision wasn’t made.

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.

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. Plea bargaining is an unethical practice because it can force innocent men to plead guilty, defense lawyers often can't see the evidence in time to advise their client, and it lets criminals get away with a lighter sentence than they should.

The biggest issue within the Criminal Justice system is the large number of wrongful convictions, innocent people sentenced to die for crimes they did not commit. People are put in prison for years, even executed for false convictions. This affects not only those put in prison but friends and family of the accused. Wrongful convictions aren’t solely a tragedy for those directly involved either. It weakens the faith the public has for the justice system as well as poses safety issues; when innocent people are put away, the real criminals are still out there. Luckily, it is known what causes wrongful convictions and how to fix them.

Famous American cereal killer, John Wayne Gacy, had murdered and raped 33 adolescents, many of whom were teenagers, the justice system made sure this man could never do this again. The public is turning a blind eye to the many contributions the justice system makes, we should look at not only how we can reform, but how it contributes to society The justice system creates many contributions to society, such as the safety it provides for children and their chances of exploitation, the many instances where they convict dangerous individuals therefore creating a safer environment for the present and future of society, and the fact it provides all citizens of the public and private sectors, to have the right to a fair, speedy, and public trial,

Modern sentencing practices are outrageous and out of control. People go to prison for 162 years for stealing a car or 25 to life just for simply making a mistake of leaving their child in the car for no longer than 20 minutes without killing or harming the child. Even the innocent get sentenced major years for crimes they didn’t even commit. Lately sentencing has been crazy, so at this point in time sentence reforming is relevant in this case.

People of all different races and ethnicities are locked behind bars because they have been convicted of committing a crime and they are paying for the consequences. When looking at the racial composition of a prison in the United States, it does not mimic the population. This is because some races and ethnicities are over represented in the correctional system in the U.S. (Walker, Spohn, & DeLone, 2018). According Walker et al. (2018), African-Americans/Blacks make up less than fifteen percent of the U.S. population, while this race has around thirty-seven percent of the population in the correctional system today. Along with African-American/Blacks, the Hispanic population is underrepresented at both the state and federal levels while the Caucasian/White population are underrepresented (Walker, Spohn, & DeLone, 2018).

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

Due process is the fair treatment of the judicial system by the Fifth, Sixth, and Fourteenth Amendments. This is the constitutional guarantee that one will be given the opportunity to be heard before they are deprived of their life and (discharge from all restraints or obligations unless convicted). (Schmalleger 631-632) And also guaranteed that the law will not be unfair in anyway and that the government will not in any way deprive any person(s) of their constitutional rights.

The US Marshal Service began in 1789, when Congress passed the Judiciary Act of 1789 (USMS). It created the same legislation for the Federal Judicial System. The US Marshal Deputies were given the authority to assist with the federal courts all within the districts and to carry out the orders issued by the Judges, Congress, or the President. Congress had a time limit on the broad range of authority for the US Marshal Deputies (USMS). It was the only office created with an automatic expiration, which limited them to a 4 year, renewable term, serving the United States President (USMS). Around the mid-20th century, the US Marshals hired their own deputies and would fire the deputies that worked for the previous US Marshal Supervisor; this led

Plea bargains are negotiations between the prosecutor and the criminal defendant. In this negotiation, the criminal defendant consents to pleading guilty. When the criminal defendant takes the guilty plea, he or she is able receive reductions in their charges or sentences. There are pros and cons of plea bargains, but these bargains can be doing more harm than good. Plea bargaining is a simple process but can have long term repercussions. Criminal defendants should not be allowed bargain for a reduced sentence in exchange for a guilty plea because some defense lawyers may not represent the best interest of the client, it does not allow the criminal defendant to take full responsibility for their actions, and the victim and the family will not feel as justice was served if a violent crime had occurred.

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. I do think they are necessary because like I said for those who only commit small crimes it is easier for them to go through probation or house arrest instead of throwing a potentially nonviolent offender into a jail where they can become a violent offender. I think economically it is a good idea as well as socially to have the plea bargain. If benefits the community and judicial system because it prevents overcrowding and changing a person into something worse than they were as well as makes the process go a lot faster so that the criminal can be dealt with so other things that need to be addressed can be addressed. I would not change the plea bargain; I think that it is a good idea in most case scenarios for those who have committed small crimes because those with big crimes are still going to be dealt with in a harsher

When the jury trial process is replaced with plea negotiations, we lose trust and reliability in the system. When we give efficiency that the plea bargain has provided power, it comes at a substantial cost. People who are indeed innocent of the crimes they were convicted have now been influenced into pleading guilty for the sake of efficiency. Not to mention the collateral consequences that accompany a person when they plead out. It also undermines the reliability of convictions in general (Gilchrist, 2011). Although she was innocent of the charges brought against her, Stewart took the plea. However, her choice had dire consequences, three years after, she is left destitute, ineligible for food stamps and government grants, unable to vote for

There are cases stacked upon cases that must be attended to daily, while at the same time, crimes are being committed. The court system has trouble keeping up, and in order to cease long, drawn out trials, plea bargaining has been allowed in the criminal justice system. This is useful for both criminally charge individuals along with the courts themselves for several reasons. Most people know the case going on with Jared Fogle, the former representor of Subway. In 2015, Fogle decided to plead guilty to child pornography charges along with crossing state lines to exchange money for sex with a minor (Castillo, 2015). Based on this plea deal, Fogle will likely serve somewhere between five and twelve years in prison, pending approval from the court system. This plea deal also states that the government will recommend fewer than thirteen years in the prison system for the defendant, with Fogle paying a minimum of $100,000 for each victim involved in the case. Plea bargaining is extremely helpful for this case. For one thing, defendants that use plea bargaining can evade the expenses and the time of defending himself or herself at a trail, as well as get around risking a worse sentence and the bad exposure that could cause. In addition, the prosecution also saves time and money by avoiding a long, drawn out trial, and both of the sides do not have to stress about going to the trail. It does not matter which side instigates the plea bargain, whether it be the prosecutor or the defendant, but both sides to have to completely agree with each other before something occurs out of that plea bargain. Because of the circumstances, I believe that justice was served. The victims will be compensated for counseling based on what Fogle did, and Fogle will serve his