Once defendant agrees, if he does, then the plea bargain is presented to a judge. If the judge accepts the plea barain and he speaks with the defendant to make sure he/she is making a “knowing and intelligent” plea, then the defendant will be sentenced. If the defendant or judge refuse to enter into a plea then the case is taken to trial. Prosecution Benefits One of the biggest benefits to the prosecution from a plea bargain is that it is an assured conviction. Also, plea bargains allow prosecuters to protect government informants, which most likely have criminal records.
Although the penalties for burglary are harsh, it's often possible to get the charges reduced or dismissed. Because of legal technicalities and difficulties of proof, prosecutors frequently agree to settle cases for lesser charges. And burglary cases that go to jury trial, with an effective defense, can result in a "not guilty" verdict. Just because you are accused of or prosecuted for burglary does not mean that you must be convicted of burglary. Depending on what the judges charges are against Oliver he may get charged with the burglary on top of that he may be charged with possession of a firearm and silencers are illegal so that may be another charge he will be charged with.
But in contrast there are very different at the same time. The crime control model is used in the criminal justice system for the prevention of crime. The crime control does not exclude that is possible to make a mistake, but based on the circumstances of the laws, the person is considered guilty until her or she is proven innocent. This model is based on old fashion laws which allow rapid and speedy convictions despite the mitigating factors of the case and the victim. The results, of the crime control model are wrongful convictions, being over-turned and this is a major downfall in the criminal justice system.
Others may think the exclusionary rule should not be used to enforce the Fourth Amendment. They feel at times it is necessary for the exclusionary rule to not be used. I can understand their position because they are looking at putting the accused defendant behind bars and make sure they are punished to the fullest. At times without the exclusionary rule, the case in court can succeed and get the result the prosecution and maybe even what the public want. Sometimes people feel the defendant has too many rights and has more benefits, which could help them get away with criminal activity.
These crimes are punishable by law, however it is generally regarded by the courts and by sections of the general public as much less reprehensible than crimes usually punished by the courts. The other types of crime are blue-collar offenses, which are predominately crimes of the under-privileged. There are various types of white collar crimes. The most common White Collar Crimes include: antitrust violations, computer and internet fraud, credit card fraud, phone and telemarketing fraud, bankruptcy fraud, healthcare fraud, environmental law violations, insurance fraud, mail fraud, government fraud, tax evasion, financial fraud, securities fraud, insider trading, bribery, kickbacks, counterfeiting, public corruption, money laundering, embezzlement, economic espionage and trade secret theft. Embezzlement is one of the most common White Collar Crimes; which is, "to appropriate fraudulently to one's own use, as money or property entrusted to one's care."
Introduction Although it is said that a defendant receives years of sentence or prison based on how severe the damage the defendant created, it often depends on the characteristics and the socioeconomic aspects of the person. A defendant’s character and the attractiveness of victim can greatly affect how a jury perceives guilt or innocence. The personal characteristics and socio-economic status plays an essential role for the defendant on the assessment of guilt by the jury members. It has become a major interest for the psychologists and the forensic psychologist to study the effect of different variables or factors on jury decisions. The psychologists and the forensic psychologist have investigated the influence of personal
In some states, the individual must be convicted of two serious felonies for the three strikes law to apply, while in others any felonies count towards the third strike. Critics of the three strike law express many strong arguments against their harsh legal statute. Our society has ultimately had an issue with the three strikes law. Some people have said that the law “destroys the flexibility of the courts and the judge, it is unjust in certain conditions, and it adds more criminals to an already crowded and expensive criminal system”
Plea Bargains Andrea Dennis-Hart September 23, 2009 Tony Stroud A plea bargain according to Black’s Law Dictionary is the process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to court approval. It usually involves the defendant’s pleading guilty to a lesser offense or to only one or some of the counts of a multi-count indictment in return for a lighter sentence than that possible for the graver charge (Black, 1991, p. 798). Many plea bargains need to get the approval of the court, but some may not be; this is when prosecutors may drop charges in exchange for a guilty plea. There are different forms of plea bargains. All involves some form of sentence reduction.
● The exclusionary rule is the main remedy that will be focused on throughout the remainder of this book. It requires that evidence obtained in violation of certain constitutional amendments (notably the Fourth, Fifth, Sixth, and Fourteenth) be excluded from the criminal trial. Exceptions to the exclusionary rule have been recognized in cases in which (1) the police acted in good faith but nonetheless violated the Constitution and (2) the prosecutor sought to impeach a witness at trial by pointing to contradictions in his or her out-of-court statements, even if such statements were obtained in an
These things are no joke. One of the greatest challenges facing the criminal justice system is the need to balance the rights of accused criminals against society’s interest in imposing punishments on those convicted of crimes. This tension is illustrated by the debate over whether defendants have the right to be represented by an attorney. Whether or not those accused of a crime should be vigorously defended by lawyers, and whether lawyers should even accept such a case in the first place goes to the heart of the issues in Criminal Justice: Opposing Viewpoints. The authors examine these topics and others in the following chapters: Does the Criminal Justice System Need Reform?