So from the stat’s point of view, if you have someone, especially someone who’s clearly guilty, and you could get them to plead guilty by offering them an inducement, it’s in everybody’s interest to do that. Because my contention 01 states that plea bargaining gives us the right to speedy trial, and contention 02 states that plea bargaining benefits the system and contention 03 states that plea bargaining is better for the system and society. I hereby declare that in the United States, plea bargaining does not undermine the Criminal Justice
While plea bargaining is beneficial mostly for the state, it can sometimes be a curse for a defendant. For example, an innocent person may have some damning evidence against him or her even he or she is innocent. The prosecution will often pressure the defendant into believing that the jury will not find him not guilty. Therefore, the defendant will agree to the plea bargain and opt for a lesser sentence believing him or she does not have a chance of winning with a trial by jury. “Statistics show that 94% of state criminal cases and slightly more than 96% of federal criminal cases are eventually resolved through a negotiated plea.” (Schmalleger
In other crimes different that this, a plea bargain may be a viable option but in this particular case its not. A Plea bargain is when the suspect pleas guilty to a lesser charge in order to lower its punishment. The next steps are the pre-trial activities and the pre-liminary hearing is the next steps leading up to the trial. These two steps explain to the suspect and his attorney the evidence and the charges. If enough evidence is present a trail will be in act.
A plea bargaining allows both parties to avoid a long criminal trail and it may also allow the criminal defendant to avoid risk of conviction trail on a more serious charge. A defendant entering a plea must sign a statement certifying that they comprehend the plea, and are entering into the agreement voluntary and without begin pressured. An Example will be if a defendant is charged with a felony theft charged, the conviction would be imprisonment in a state prison. The offender may have the opportunity to plead guilty to a misdemeanor theft charge, which will carry over to jail time. If a judge perceives that the plea bargain is too lenient the judge has the right to reject the plea and order of the prosecuting and the defense to renegotiate.
Both models start with a person who commits a crime and needs to have some form of punishment put upon them. The next similarity is that the person would have committed a crime that was illegal according to the law, and that it was illegal at the time of the crime, not after. Lastly, these two models are similar because the defendant has the right to choose how they would like their case handled, according to their legal rights. A defendant can choose to use the Due Process Model if they would like to go to trial and use a jury to decide on their charges, or to use the Crime Control Model and get a plea bargain, to get their punishment over with, rather than drawing it
Prosecutors are responsible to make sure the guilty person is prosecuted and that innocent people are protected from unwarranted prosecution. Prosecutors decide which types of plea bargains to enter and can ask the court to dismiss the charges. Prosecutors have more discretion than any other legal person including judges. A prosecutor’s position is much more difficult than portrayed on television. On television, the prosecutor, or ADA comes in tries the case and leaves.
According to the Legal Resource Library, “The biggest drawback to plea bargaining is for the innocent defendant who decides to plead guilty to a lesser charge in order to avoid the risk that he or she will be found guilty at trial.” Plea bargaining requires the defendant to waive three rights that he/she is normally protected by until the Fifth and Sixth Amendments: the right to a jury trial, the right against self-incrimination, and the right to confront hostile witnesses. (Cornell.edu) Some people may try to argue that plea bargaining in unconstitutional, however, this argument has been repeatedly overruled by the Supreme Court. There are a lot of controversial issues surrounding plea bargaining, and victims’ rights groups are arguing that the victim should have inputs and a voice into the bargain that is being established between the prosecutor and the defendant. Victim rights activists also feel that defendants undermine the criminal justice system in its entirety and defendants are let off too
Also the defense will ask for a change of venue to help with juries with believing someone is innocent. This defense attorney is determining to keep people innocent until they are proven guilty. He does not want someone who is innocent to have their name slander. He is an attorney for DUI cases which is kind of pretty hard to prove their innocent. This criminal law website is determined to keep people who are under investigation or have already been arrested, to keep their record clean and out of jail.
Once the prosecutor determines he or she will pursue charges, he or she must decide what charges to press according to the presented facts of the case. If a case is weak on evidence, the prosecuting attorney may offer a plea bargain to the offender, or negotiate one through the defense attorney, if the offender is willing to plead guilty (Schmalleger,
A writ of habeas corpus is a directive from a court requiring the government to justify the imprisonment of a citizen. Because of the writ of habeas corpus guarantee, an individual cannot be held for more than a short period of time without being formally charged with a crime. (McNamara, 2010) The Due process clause also affords the accused of the right to trial by a jury of ones peers. These case are handled so that in a federal proceeding formal charges can not be levied without a grand jury hearing where an indictment must be issued. The jury trial and grand jury guarantees are intended to protect private citizens from over-zealous police officers, prosecutors and judges.