With a plea bargain it can conclude a criminal case a lot faster without a trail. In a plea bargain the prosecutor will offer a plea and if the defendant takes it then he/ she will plead guilty without having to go to through a trial. Once the defendant accepts the plea the prosecutor will most likely dismiss certain charges or make sentence recommendation to the court. Once the attorney and the prosecutor have reached an agreement they bring it up to the defendant to see if they want to take the deal or not and that is called plea negotiations. A plea bargain can help a prosecutor by it saves the court valuable time for high-priority cases.
The fact that the prosecutor works in the interests of the state can be seen as the underlying factor here. The prosecutor can get away with misconduct; because if it were proven that the prosecutor was actually responsible for misconduct it would greatly undermine the goal of the state, which is to seek justice. If the prosecutor is misconducting themselves then it gives the impression that the prosecutor is not interested in justice, but more so a conviction, whether it be done so legally and ethically, or not. Prosecutorial misconduct happens, and
The victim will have to go through the court process, which in many ways can cause the person to be victimized again. When a plea bargain is done just so it can get off the “docks” it can but a negative perception from the community of the justice system. Plea bargaining is a win/win situation neither of the counsel’s lose. The judge’s caseload is lessened because there is no need for a trial. With the defendant they get a shot at leniency from the judge.
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.
For example, in adult court the adult is usually referred to as the defendant whereas in juvenile court, he or she is always referred to as the minor. In juvenile court, a person is not “guilty” but called “delinquent” instead. A sentencing hearing is called a disposition hearing in juvenile court. Juvenile hall would be the equivalent to jail, and reformatory or reform school would be the equivalent to prison. Juvenile cases are sealed and their sentences are usually shorter than adult court potentially getting sentenced to life in
Most community service programs for juveniles actually focus on punishment instead of rehabilitation. Even though they are projected a community service projects, most are simply work gangs used to punish the juvenile for the act that has been committed. Though most law enforcement and juvenile justice agencies portray these programs as rehabilitative measures, they are actually very similar to the adult programs that are used for punishment. Two such programs are the Boulder County, Colorado’s D.A. Diversion Community Service Program and the Marion County, Florida’s W.I.L.A.
Misdemeanors are less serious crimes where punishment usually consists of a fine, probation, or just a few days imprisonment. The second layer of this cake would consist of less sever felonies. These cases would be first time offenders, petty robberies where no weapons were used, and fights that ended in assault charges. The punishment for these felonies are usually probation or in home incarceration. The third
"Though murderers were often executed, the majority of lesser medieval offenses were punished by shaming the criminal publicly, according to Carrel. Fastening the offender into stocks wasn't considered barbaric, she said, and was seen as a much better alternative to spending the time in jail. Criminal charity Even medieval jail wasn't a closed-off affair. Prisoners were often let out to beg and could make money behind bars as long as they shared their take with the jailers. "Charity towards criminals was much more acceptable and much more common in the Middle Ages.
This allowed judges to have more discretion and created a problem of fairness and equality. These decision makers would look at the young offenders’ characteristics such as race, sex, age, family status, and social class. Since the U.S. Supreme Court has introduced the due process clause into the juvenile justice system, there has been a more retributive approach on punishment and less focus on the delinquent’s rights. With this punitive attitude, there has been a less emphasis on rehabilitation which should allow young offenders to be tried as adults. Under certain circumstances, all states allow juveniles to be transferred to the adult criminal court.
First you have the Prosecution. The responsibility of the prosecution is to prove that without a shadow of a doubt that the defendant committed the crime. Im sure there are times that the prosecution does not think the defendant is not guilty but it is there moral right to keep the trial going and prove their case. It has got to be difficult for the prosecution to know that because of the case they have built against a person could decide the rest of their life. Lets get to the Defense.